[2021] KEBPRT 98 (KLR)
The tribunal found that the landlord had served valid statutory notices to terminate the tenancies, which were not opposed by the tenants within the time required by law. No applications for extension of time to oppose the notices were filed. The tenants' limited responses did not amount to substantive opposition to...
Source-derived case information.
- Citation
- [2021] KEBPRT 98 (KLR)
- Parties
- Applicant: Pauline Wachera Njoro; Respondent: Jael Unitah Nyore; Respondent: Caren Makungu; Respondent: Robert Nyasuna; Respondent: Kinuthia Karanja; Respondent: Humphrey Ochami; Respondent: Michael Barasa; Respondent: Santo Billy; Respondent: Robinson Chacha
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E658 & E503 of 2021
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- Landlord's application granted as prayed; tenants ordered to vacate; landlord awarded costs.
- Legal Topics
- Business Premises Tenancy, Distress for Rent, Eviction Orders, Rent Arrears, Notice to Terminate Tenancy
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pauline Wachera Njoro
Applicant
Jael Unitah Nyore
Respondent
Caren Makungu
Respondent
Robert Nyasuna
Respondent
Kinuthia Karanja
Respondent
Humphrey Ochami
Respondent
Michael Barasa
Respondent
Santo Billy
Respondent
Robinson Chacha
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the landlord is entitled to levy distress for rent arrears against the tenants.
- 2 Whether the tenants should be ordered to vacate the premises following unopposed notices to terminate tenancy.
- 3 Whether the landlord is entitled to vacant possession and costs.
Ratio Decidendi
The tribunal found that the landlord had served valid statutory notices to terminate the tenancies, which were not opposed by the tenants within the time required by law. No applications for extension of time to oppose the notices were filed. The tenants' limited responses did not amount to substantive opposition to the landlord's applications. Consequently, the tribunal held that the landlord was entitled to the orders sought, including vacant possession, the right to levy distress for rent arrears, and costs. The tribunal further ordered the tenants to vacate the premises by a specified date, failing which the landlord could break in and secure vacant possession with the assistance of...
Court Disposition
Landlord's application granted as prayed; tenants ordered to vacate; landlord awarded costs.
Orders
- Tenants to vacate the premises on or before 30th November 2021, failing which the landlord may break in and secure vacant possession with the assistance of OCS Kayole.
- Landlord is at liberty to levy distress for rent arrears.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
AT NAIROBI
TRIBUNAL CASE NO. E658 OF 2021 AND E503 OF 2021 (NAIROBI)
PAULINE WACHERA NJORO......LANDLORD / APPLICANT
VERSUS
JAEL UNITAH NYORE..............1ST TENANT /RESPONDENT
CAREN MAKUNGU...................2ND TENANT /RESPONDENT
ROBERT NYASUNA..................3RD TENANT /RESPONDENT
KINUTHIA KARANJA.............4TH TENANT /RESPONDENT
HUMPHREY OCHAMI.............5TH TENANT /RESPONDENT
MICHAEL BARASA..................6TH TENANT /RESPONDENT
SANTO BILLY ............................7TH TENANT /RESPONDENT
ROBINSON CHACHA ..............8TH TENANT /RESPONDENT
JUDGMENT
A. The Dispute Background
1. In Nairobi No. 503 the Landlord moved this court via a reference and notice of motion dated 13th September 2021 to levy distress and for the tenants to vacate the premises with the assistance of the OCS Kayole.
2. The tenants on the other hand moved this court by way of notice of motion dated 1st November 2021 for restoration of electricity amongst other orders.
3. When the references and applications came for hearing I gave several directions including the consolidation of the two references, payment of rent, restoration of electricity amongst others whilst granting the Landlords prayers to the Tenants who did not oppose their reference and application being Respondents No. 1, 2, 6, 7 and 8.
4. Of concern was the notices filed in E658 of 2021 wherein the Landlord served notices dated 24th August 2021 which notices were to take effect on 1st of November 2021. Proceeded to request for a hearing date as the said notices were not opposed as by law required. In addition, there was no application before me for extension of time to oppose the said notices.
5. On the other hand, in E503 OF 2021 no documents have been filed by the Tenant in response to the application or hearing and on record is just the Tenant’s grounds of opposition dated 18th November 2021, replying affidavit and written submission dated even date. Having perused the same, I find the Landlords references and application is merited in addition the notices lapsed on 1st November 2021 unopposed leading me to grant the following orders;
6. The Landlord’s application dated 13th September 2021 is granted as prayed as against all Tenants. For the avoidance of doubt.
7. The Tenants to vacate on or before the 30th of November 2021 failure to which the Landlord can break in and secure vacant possession. OCS Kayole to assist keep peace.
8. Landlord is at liberty to levy distress for rent arrears.
9. Landlord shall have costs.
HON A. MUMA
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL
Judgement dated, signed and delivered virtually by Hon A. Muma this 29thday ofNovember, 2021 in the presence of Muleifor Kimanifor theLandlady.
HON A. MUMA
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL