[2021] KEBPRT 641 (KLR)
The Tribunal found that the landlord's application was properly served and unopposed. The Tribunal was satisfied that the circumstances justified granting the landlord leave to break into the tenant's business premises and recover outstanding rent arrears by distress for rent, using a licensed auctioneer under...
Source-derived case information.
- Citation
- [2021] KEBPRT 641 (KLR)
- Parties
- Applicant: Railways Workers Union (K); Respondent: Nicholas T.T. Simuyu t/a Foundation Professional Limited
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 249 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- Application allowed as prayed, with orders for distress for rent, sale of distrainable goods, inventory and accounting requirements, and costs to the landlord.
- Legal Topics
- Distress for Rent, Commercial Landlord Tenant Dispute, Recovery of Rent Arrears
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Railways Workers Union (K)
Applicant
Nicholas T.T. Simuyu t/a Foundation Professional Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the landlord is entitled to break into the tenant's business premises to recover rent arrears through distress for rent.
- 2 Whether the landlord can sell distrainable goods found in the tenant's premises to recover outstanding rent.
- 3 Whether the application was properly served and unopposed.
Ratio Decidendi
The Tribunal found that the landlord's application was properly served and unopposed. The Tribunal was satisfied that the circumstances justified granting the landlord leave to break into the tenant's business premises and recover outstanding rent arrears by distress for rent, using a licensed auctioneer under police supervision. The Tribunal further ordered that an inventory of distrained goods be taken and filed, and that the auctioneer render an account of the sale to the Tribunal. The landlord was awarded costs of the application.
Court Disposition
Application allowed as prayed, with orders for distress for rent, sale of distrainable goods, inventory and accounting requirements, and costs to the landlord.
Orders
- The landlord/applicant is allowed to break into the tenant’s business premises and distress for rent to recover outstanding rent arrears using a licensed auctioneer.
- An inventory of all distrained goods shall be taken by the auctioneer in the presence of the OCS Kamukunji Police Station or an officer designated by the OCS, and filed in the Tribunal.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO 249 OF 2021 (NAIROBI)
RAILWAYS WORKERS UNION (K)........................LANDLORD/APPLICANT
VERSUS
NICHOLAS T.T. SIMUYU T/A
FOUNDATION PROFESSIONAL LIMITED............TENANT/RESPONDENT
RULING
The notice of motion dated 17th March 2021seeks the following orders;
1. Spent
2. That the Applicant/Landlord be allowed to break into the business premises and gain access with the supervision of the OCS Kamukunji Police Station.
3. That the Applicant/Landlord be and is hereby allowed to sell any distrainable goods if any found in the Tenant’s premises to recover rent arrears through appointed auctioneers.
4. Costs of the application.
The grounds upon which the application is based have been set out on the face of the application. I have considered the said grounds alongside the affidavit in support of the application. The application is not opposed. I am satisfied that the Tenant has been properly served in the circumstances of this case.
In the circumstances of this case, I hereby make the following orders;
1. That the Landlord/Applicant is allowed to break into the Tenant’s business premises and therein distress for rent to recover the outstanding rent arrears using a licenced auctioneer.
2. That an inventory of all the distrained goods be taken by the Auctioneer in the presence of the OCS Kamukunji Police Station or an officer designated by the said OCS and the same be filed in the Tribunal.
3. That the auctioneer shall render an account of the sale of the distrained goods to the Tribunal within seven (7) days of the sale of the distrained goods.
4. The Landlord shall have the costs of this application.
HON. CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
Court:
Ruling delivered in open court by Hon Gakuhi Chege this 22ndday of April, 2021 in the presence of John Chumo – secretary of theLandlord and in the absence of the Tenant/Respondent.
HON GAKUHI CHEGE
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL