Belcom Agencies Limited v Transline Classic Limited [2021] KEBPRT 232 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 232
- Citation
- [2021] KEBPRT 232 (KLR)
- Decided
- 21 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureApplication for Order to Levy Distress and DeclarationCoramHON. P. MAY, VICE CHAIR, BUSINESS PREMISE RENT TRIBUNAL
Holding
The Tribunal's application to levy distress is disallowed with costs to the Tenant.
Facts
Belcom Agencies Limited (Landlord) applied for an order to levy distress against Transline Classic Limited (Tenant) for rent arrears of KSh 10,080,000. The Tenant claimed they had always paid rent as it fell due and had granted an advance loan to the Landlord.
Issues
- Jurisdiction of the Tribunal to order for the levy of distress against a tenant in rent arrears
- Validity of the Landlord's application to levy distress
Reasoning
The Tribunal ruled that the Landlord did not have the authority to levy distress as the Tribunal's jurisdiction is limited by the Landlord and Tenant (Shops, hotels and catering establishments) Act, Cap. 301. The Tribunal also found that the Landlord had not obtained the consent of the Tribunal before levying distress.
Outcome
Disallowed
Orders
- Costs to be provided for the Tenant
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, hotels and catering establishments) Act, Cap. 301
- Distress for Rent Act
Cases cited (3)
- Owners of the Motor Vessel‘Lillian S’ Vs Caltex Oil (Kenya) Limited [1989] eKLR
- Samuel Kamau Macharia & another v Kenya Commercial Bank Limited & 2 others [2012] eKLR
- Owayo vs. George Hannington Zephaniah Aduda t/a Aduda Auctioneers and another (2007) 2 KLR 140, (2008) EA 287
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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