[2023] KEBPRT 1191 (KLR)
The court found that the tenant had breached the terms of the consent order by failing to pay the agreed rent arrears within the stipulated period. The consent order expressly provided that in default of payment, the tenancy would stand terminated. As the breach was uncontroverted and the tenant did not oppose the...
Source-derived case information.
- Citation
- [2023] KEBPRT 1191 (KLR)
- Parties
- Applicant: Anna G. Njeru; Applicant: Domisiano Marete Njeru; Respondent: Dr. Stephen Mukiira
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 11 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Landlord's Application for Rent Arrears and Vacant Possession
- Outcome
- Application allowed. Orders granted as prayed.
- Judges
- CN Mugambi
- Legal Topics
- Rent Arrears, Vacant Possession, Consent Orders, Tenancy Termination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Anna G. Njeru
Applicant
Domisiano Marete Njeru
Applicant
Dr. Stephen Mukiira
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Landlord's Application for Rent Arrears and Vacant Possession
Legal Issues
- 1 Whether the tenant is in arrears of rent as claimed by the landlords.
- 2 Whether the consent order dated 17.3.2021 was breached by the tenant.
- 3 Whether the tenancy stands terminated by operation of the consent order.
Ratio Decidendi
The court found that the tenant had breached the terms of the consent order by failing to pay the agreed rent arrears within the stipulated period. The consent order expressly provided that in default of payment, the tenancy would stand terminated. As the breach was uncontroverted and the tenant did not oppose the application, the court held that the tenancy had automatically terminated by operation of the consent. Consequently, the landlords were entitled to vacant possession of the premises, enforcement of the order with police assistance if necessary, and payment of the outstanding rent arrears as claimed.
Court Disposition
Application allowed. Orders granted as prayed.
Orders
- Tenant to render vacant possession of the suit premises forthwith.
- In default, tenant to be forcefully evicted from the premises.
Full Case Text
Judgment text and source record
23 paragraphs
Njeru & another v Mukiira (Tribunal Case 11 of 2021) [2023] KEBPRT 1191 (KLR) (Civ) (25 July 2023) (Ruling)
Neutral citation: [2023] KEBPRT 1191 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Civil
Tribunal Case 11 of 2021
CN Mugambi, Chair
July 25, 2023
Between
Anna G. Njeru
1st Landlord
Domisiano Marete Njeru
2nd Landlord
and
Dr. Stephen Mukiira
Tenant
Ruling
1. The landlord’s application dated 29. 11. 2022 seeks orders that the tenant be ordered to pay rent arrears amounting to Kshs. 799,500/= and render vacant possession of the suit premises. The assistance of the OCS Meru police station in enforcing the orders and an order for costs has also been sought.
2. The landlord’s affidavit in support of the application has stated that the tenant is in rent arrears of Kshs. 799,500/= as at November 2022 and that further, on 17. 3.2021, the parties herein entered into a consent for the payment of rent arrears amongst other issues.
3. The consent entered into between the parties is dated 17. 3.2021 but was actually recorded in court on 22. 3.2021 and an order to that effect issued on 23. 3.2022. It was to the effect that:-i.The tenant to pay the outstanding rent arrears of Kshs. 529,500/= by 30th June 2021 and in any event by 30th November 2021. In default, the tenancy shall stand terminated.ii.The tenant to continue paying the monthly rent on and when the same falls due and on or before the 5th day of each month.
4. The landlord has deponed in his affidavit that the tenant breached the terms of the consent agreement by failing to pay the rent as agreed. That being the uncontroverted position, and as per the agreement of the parties, the tenancy herein terminated automatically.
5. And that being the case, it is my finding that the landlord is entitled to the orders sought in the application dated 29. 11. 2022. The Tenant is to render vacant possession of the suit premises forthwith failing which he shall be evicted therefrom forcefully.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 25TH DAY OF JULY 2023. HON. CYPRIAN MUGAMBICHAIRPERSON25. 7.2023