[2024] KEBPRT 825 (KLR)
The Tribunal found that the landlord had properly served the tenant with a notice to terminate the tenancy, and the tenant failed to file a reference as required under Section 6(1) of Cap 301. The tenant also failed to respond to the landlord's application for breaking in orders and vacant possession. As a result,...
Source-derived case information.
- Citation
- [2024] KEBPRT 825 (KLR)
- Parties
- Applicant: Gilbert Kimutai Ruto; Respondent: Erick Kibet Kimetto
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E259 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Landlord's Application for Breaking in Orders and Vacant Possession
- Outcome
- Application allowed as drawn; complaint allowed; costs to landlord; file closed.
- Judges
- CN Mugambi
- Legal Topics
- Landlord Tenant Disputes, Termination of Tenancy, Distress for Rent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gilbert Kimutai Ruto
Applicant
Erick Kibet Kimetto
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Landlord's Application for Breaking in Orders and Vacant Possession
Legal Issues
- 1 Whether the landlord is entitled to breaking in orders to levy distress for rent against the tenant.
- 2 Whether the tenant should be ordered to render vacant possession of the suit premises.
- 3 Whether the notice to terminate tenancy was properly served and became effective.
Ratio Decidendi
The Tribunal found that the landlord had properly served the tenant with a notice to terminate the tenancy, and the tenant failed to file a reference as required under Section 6(1) of Cap 301. The tenant also failed to respond to the landlord's application for breaking in orders and vacant possession. As a result, the notice to terminate became effective, and the application was unopposed. The Tribunal held that the landlord was entitled to the orders sought, including breaking in to levy distress for rent, vacant possession, police assistance, and costs. The file was ordered closed.
Court Disposition
Application allowed as drawn; complaint allowed; costs to landlord; file closed.
Orders
- The landlord is granted breaking in orders for the purposes of levying distress against the tenant.
- The tenant is ordered to render vacant possession of the suit premises known as Title No. Kericho/Karartegan/1859.
Full Case Text
Judgment text and source record
25 paragraphs
Ruto v Kimetto (Tribunal Case E259 of 2024) [2024] KEBPRT 825 (KLR) (22 May 2024) (Ruling)
Neutral citation: [2024] KEBPRT 825 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Tribunal Case E259 of 2024
CN Mugambi, Chair
May 22, 2024
Between
Gilbert Kimutai Ruto
Landlord
and
Erick Kibet Kimetto
Tenant
Ruling
1. The Landlord’s Application dated 22. 2.2024 seeks orders that the Landlord be granted breaking in orders for the purposes of levying distress against the Respondent and that the Tenant be ordered to render vacant possession of the suit premises known as Title No. Kericho/Karartegan/1859. The Applicant has also sought the assistance of the OCS, Karartegan police station in the enforcement of the orders sought. Costs have also been prayed for.
2. The Landlord has filed an Affidavit in support of his Application where he has deponed that the Tenant vacated the suit premises on or about May 2022, and left the same locked.
3. The Applicant has also deponed that he served the Applicant with a notice to terminate the tenancy dated 23. 5.2022 and which notice took effect on 1. 8.2022.
4. The Applicant has further deponed that the Tenant has not paid rent for a period of two years amounting to Kshs. 48,000/= and neither has he filed any Reference at the Tribunal in opposition to the notice to terminate his tenancy.
5. The Tenant in this matter was served with the notice to terminate tenancy dated 23. 5.2023 on 6. 6.62022. An affidavit of service to that effect has been filed.
6. The Tenant did not file any Reference to the Tribunal as required under Section 6(1) of Cap 301 as a consequence of which the notice to terminate the tenancy became effective from the date indicated on the notice, i.e. 1. 8.2022.
7. I also note that the Tenant was served with the Application dated 22. 2.2024 and an affidavit of service filed by one Mr. Vincent Lelgo. The Tenant did not file any responses to the said motion which therefore remains unopposed.
8. In the circumstances, I do find that the Landlord’s Application is merited and the same is allowed as drawn. The Complaint filed by the Landlord is also allowed in the terms of the orders granted in the Applications.
9. The Tenant will bear the costs of the Applications and the Complaint.
10. This file is ordered closed.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 22ND DAY OF MAY, 2024HON. CYPRIAN MUGAMBICHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Mr. Kipng’eno Advocate for the Landlord/Applicant and in the absence of the Tenant