[2021] KEBPRT 497 (KLR)
The court found that the respondents were duly served with both the notice to terminate tenancy and the eviction application. The respondents failed to respond or vacate the premises as required by law. The application was unopposed, and the applicants had complied with all procedural requirements. Consequently, the...
Source-derived case information.
- Citation
- [2021] KEBPRT 497 (KLR)
- Parties
- Applicant: Peter Ngechu Irungu; Applicant: Jane Wanjiru Ngechu; Respondent: Josephine Njoki Njoroge; Respondent: Amos Kibe Muigua
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 244 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Eviction Application
- Outcome
- Application allowed. Eviction orders granted with costs to the applicants.
- Legal Topics
- Termination of Tenancy, Eviction Orders, Service of Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Ngechu Irungu
Applicant
Jane Wanjiru Ngechu
Applicant
Josephine Njoki Njoroge
Respondent
Amos Kibe Muigua
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Eviction Application
Legal Issues
- 1 Whether the respondents were properly served with notice to terminate tenancy and the eviction application.
- 2 Whether the applicants are entitled to eviction orders against the respondents for failure to vacate the premises after notice.
Ratio Decidendi
The court found that the respondents were duly served with both the notice to terminate tenancy and the eviction application. The respondents failed to respond or vacate the premises as required by law. The application was unopposed, and the applicants had complied with all procedural requirements. Consequently, the court allowed the application for eviction and awarded costs to the applicants.
Court Disposition
Application allowed. Eviction orders granted with costs to the applicants.
Orders
- The application dated 16th March 2021 is allowed in terms of prayers 2 and 3.
- The respondents are ordered to vacate Land Reference no. 16926, Juja Sub-County, Kiambu County.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
VIEW PARK TOWERS 7TH & 8TH FLOOR
TRIBUNAL CASE NO. 244 OF 2021 (NAIROBI)
PETER NGECHU IRUNGU....................................LANDLORD/1ST APPLICANT
JANE WANJIRU NGECHU....................................LANDLORD/2ND APPLICANT
VERSUS
JOSEPHINE NJOKI NJOROGE..............................TENANT/1ST RESPONDENT
AMOS KIBE MUIGUA.............................................TENANT/2ND RESPONDENT
RULING
1. By a motion dated 16th March, 2021, the Applicants moved this court seeking in material part for orders of eviction directed against the Respondents from Land Reference no. 16926, Juja Sub-County, KIAMBU COUNTY.
2. The Application is supported by the Affidavit sworn by PETER NGECHU IRUNGU on 16th March, 2021.
3. The Respondents are the Applicants/Tenants in the suit premises for the last 3 years.
4. On 14th February, 2020 the Applicants served the Respondents with notice to terminate tenancy marked PNN2. The affidavit of service is also annexed thereto.
5. The notice took effect on 1st May, 2020 after the Respondents failed to Respond thereto by filing a reference. A letter to that effect was written by the Tribunal on 29th June, 2020 (see annexure PN14.
6. The Respondents did not also vacate from the suit premises as required.
7. The affidavit of service sworn by one BENSON MUTURI WANGARI on 23rd March 2021 shows that the instant motion was served upon the Respondents’ employees on 19th March, 2021 pursuant to Section 4(6) of Cap. 301, Laws of Kenya.
8. The Respondents did not respond to the Application and as such the same remains unopposed.
DISPOSITION
9. I have looked at the pleadings and all the annextures filed by the Applicants and I am satisfied that the Respondents were served with both notice to terminate tenancy as well as the instant application but failed to respond thereto.
10. In the premises, I allow the Application dated 16th March 2021, in terms of prayers 2 and 3 thereof with costs to the Applicants.
11. The Applicants costs for the application are assessed at Kshs.15,000/-.
It is so ordered
HON. GAKUHI CHEGE
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL
DATED, SIGNED AND DELIVERED THIS 21ST DAY OF MAY, 2021.
HON. GAKUHI CHEGE
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL
In the presence of:
Mr. Mwangi for the Applicants
N/A by the Respondents