Samuel Wanyoike Igecha & another v James Gitau John & 2 others [2021] KEBPRT 94 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 94
- Citation
- [2021] KEBPRT 94 (KLR)
- Decided
- 10 December 2021
The court found that the tenants are entitled to a temporary prohibitory order against the landlords from levying distress, proclaiming, carting away, and attaching their movable property and goods or auctioning the same. The court also granted an injunction against harassment, intimidation, or interference with the business.
Facts
The tenants, Samuel Wanyoike Igecha and Peter Kagai Theuri, rented a business premises from James Gitau John and Paul Njoroge Ngugi. The landlords, James Gitau John and Paul Njoroge Ngugi, sought to levy distress for rent against the tenants without permission from the Tribunal.
Issues
- Whether the tenants are entitled to the reliefs sought in their application
- Whether the landlords are entitled to the reliefs claimed in their counter-application
- Who is liable to pay costs
Reasoning
The court determined that the tenants are entitled to the reliefs sought in their application because the landlords were proceeding to levy distress without permission from the Tribunal. The court found that the right of the landlord to distress for rent arises at common law and does not require explicit reservation.
Outcome
The court granted the tenants' application for a temporary prohibitory order and injunction.
Orders
- Temporary prohibitory order against the landlords from levying distress, proclaiming, carting away, and attaching the tenants' movable property and goods or auctioning the same.
- Injunction against harassment, intimidation, or interference with the business
Remedies
- Costs to be determined by the court
Authorities cited
Legislation (2)
- Distress for Rent Act, Cap. 293, Laws of Kenya
- Rent Act, Cap. 301, Laws of Kenya
Cases cited (2)
- John Nthumbi Kamwithi v Asha Akumu Juma (2018) eKLR
- Peter Nthenge v Daniel Itumo & Another HCCC No. 1242 of 1974, Nairobi
Loading judgment…