Alice Indakwa Omuholo t/a Victorious Fashion Designs v Esther Njeri & another [2021] KEBPRT 479 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 479
- Citation
- [2021] KEBPRT 479 (KLR)
- Decided
- 19 March 2021
The Tribunal found that the Landlord/Respondent followed due process in distress for rent and that the Tenant/Applicant should be allowed to pay the arrears in installments of KShs. 5,000.00 beginning on 15th December, 2020.
Facts
The Tenant/Applicant filed an application seeking orders restraining the Respondents from evicting them and paying rent arrears. The Landlord/Respondent disputed the amount of arrears and offered a monthly installment plan which was rejected by the Tenant/Applicant.
Issues
- Whether there was a controlled tenancy between the parties
- Whether the Landlord/Respondent followed due process in distress for rent
- Whether the Tenant/Applicant should be allowed to pay the arrears in installments and if so of what amount
Reasoning
The Landlord/Respondent offered a monthly installment plan of KShs. 10,000.00, which was reduced to KShs. 5,000.00 by the Tenant/Applicant. The Tribunal found that the Landlord/Respondent followed due process and that the Tenant/Applicant should pay the arrears in installments.
Outcome
The Tribunal ordered the Landlord/Respondent to refrain from evicting the Tenant/Applicant and allowed them to pay the arrears in installments of KShs. 5,000.00.
Orders
- The Landlord/Respondent is restrained from evicting the Tenant/Applicant
Remedies
- Payment of rent arrears in installments of KShs. 5,000.00
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishment) Act
- Distress for Rent Act
Loading judgment…