Mohamed Samir Asgar v Muktagauir Patel [2021] KEBPRT 461 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 461
- Citation
- [2021] KEBPRT 461 (KLR)
- Decided
- 11 June 2021
The Landlord’s actions for distress for rent were unlawful due to lack of notice and non-compliance with statutory procedures. The Landlord is not entitled to the orders sought.
Facts
The Tenant, Mohammed Samir Asgar, rented shop space to the Landlord, Muktagauir Patel. The Landlord unlawfully barricaded the entrance to the suit premises on the pretext of rental arrears without prior notice. The Tenant moved the court for an injunction to restrain the Landlord from interfering with his quiet possession and from attaching or selling his property.
Issues
- Whether the Landlord unlawfully levied distress against the tenant
- Whether the Landlord is entitled to the orders sought
Reasoning
The Landlord did not comply with the Distress for Rent Act and the Landlord and Tenant (Shops, Hotels and Catering Establishment) Act. The Court found the Landlord’s actions to be unlawful and granted remedies to the Tenant.
Outcome
The Landlord is ordered to grant the Tenant access to the suit premises and remove any form of obstructions for quiet enjoyment of the premises by the Tenant. The Tenant is ordered to pay rent for the month of December 2019 only and thereafter continue to pay rent as per the Tenancy agreement upon re-entering the suit premises.
Orders
- An injunction is hereby issued restraining the Landlord, jointly and severally by themselves and/or through its agents, servants and employees or otherwise from proclamation, attachment and/or sale of the Applicant’s tools of trade.
- The Landlord is hereby ordered to grant the Tenant access to the suit premises and remove any form of obstructions for quiet enjoyment of the premises by the Tenant.
- Tenant to pay rent for the month of December 2019 only and thereafter continue to pay rent as per the Tenancy agreement upon re-entering the suit premises.
Remedies
- Access to the suit premises
- Removal of obstructions
- Payment of rent
Authorities cited
Legislation (2)
- Distress for Rent Act Cap 293
- Landlord and Tenant (Shops, Hotels and Catering Establishment) Act Cap 301
Cases cited (5)
- Gusii Mwalimu Investment Company Ltd vs Mwalim Hotel Kisii Limited CA Civil Appeal no. 160 of 1995
- Caledonia Supermarket Ltd vs Kenya National Examinations Council [2000]
- Kyangaro v. Kenya Commercial Bank ltd & another [2004]
- Patrick Waweru Mwangi & Another v Housing Finance Co. of Kenya Ltd [2013]
- Giella vs Cassman Brown and Co. Ltd
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