Jairus Muendo & another v Kathumo Holdings Ltd & another [2021] KEBPRT 408 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 408
- Citation
- [2021] KEBPRT 408 (KLR)
The Tribunal finds that the Lease Agreement has not been produced before the Tribunal, making it difficult to ascertain any alleged breaches. The Applicants are in breach of their obligation to pay rent as and when it falls due. The manner in which the Respondents levied distress for rent and attached the Applicants' property is found to be legal.
Facts
The Applicants are tenants occupying the Suit Premises, and the Landlord (1st Respondent) issued a termination notice to the Applicants on 1st February 2020. The 1st Respondent subsequently instructed the 2nd Respondent to levy distress for rent, and the Applicants were found in arrears of Kshs. 400,000 as of March 2021.
Issues
- Whether the Applicants are entitled to the reliefs sought
- The legality of the manner in which the Respondents levied distress for rent and attached the Applicants' property
Reasoning
The Tribunal notes that the Lease Agreement has not been produced and thus cannot pronounce on any alleged breaches. The Tribunal finds the Applicants in arrears and legal for the Respondents to levy distress for rent.
Outcome
The Tribunal dismisses the application.
Authorities cited
Legislation (1)
- Distress for Rent Act, Cap 293 Laws of Kenya
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