[2025] KEBPRT 299 (KLR)

[2025] KEBPRT 299 (KLR)

The tribunal found that a controlled tenancy existed between the parties and that the landlord had not issued a termination notice as required by law. The tenant's assertion that the landlord locked the premises and took property was not rebutted by the landlord. The tribunal held that the landlord's actions interfered with the tenant's quiet possession, contrary to the Act. The tribunal exercised its statutory powers to preserve the tenant's possession, ordered the immediate return of the tenant's property, and directed the tenant to pay all rent arrears and continue paying rent as due. The tribunal also directed the police to enforce compliance. Each party was ordered to bear their own...

Citation
[2025] KEBPRT 299 (KLR)
Parties
Applicant: Philip A Omunda; Respondent: Joseph Mocha Metobwa
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
22 May 2025
Case Number
Tribunal Case E007 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Outcome
application allowed in part
Judges
N Wahome, Joyce Murigi
Legal Topics
Controlled Tenancy, Unlawful Eviction, Injunctive Relief, Quiet Possession
Source Language
English
Land and Property Civil Procedure Controlled Tenancy Unlawful Eviction Injunctive Relief Quiet Possession

Case Brief

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Parties

Philip A Omunda

Applicant

Joseph Mocha Metobwa

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the landlord unlawfully locked the tenant out of the premises and took the tenant's property.
  2. 2 Whether the landlord is entitled to evict the tenant without issuing a termination notice as required by law.
  3. 3 Whether the tenant is entitled to an injunction restraining the landlord from interfering with his possession.

Ratio Decidendi

The tribunal found that a controlled tenancy existed between the parties and that the landlord had not issued a termination notice as required by law. The tenant's assertion that the landlord locked the premises and took property was not rebutted by the landlord. The tribunal held that the landlord's actions interfered with the tenant's quiet possession, contrary to the Act. The tribunal exercised its statutory powers to preserve the tenant's possession, ordered the immediate return of the tenant's property, and directed the tenant to pay all rent arrears and continue paying rent as due. The tribunal also directed the police to enforce compliance. Each party was ordered to bear their own...

Court Disposition

application allowed in part

Orders

  • The tenant shall be allowed complete quiet possession of the demised premises at Jogoo area in Kisii.
  • The landlord shall immediately return all items taken from the tenant within 7 days of the ruling.