Gifted Hands School Limited v Mogul & another (Tribunal Case E242 of 2022) [2022] KEBPRT 160 (KLR) (16 June 2022) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 160
- Citation
- [2022] KEBPRT 160 (KLR)
- Decided
- 16 June 2022
The tenant's reference and application dated 15th March 2022 is dismissed with costs under Section 12 (4) of Cap. 301 upon investigation by the Tribunal. The landlord's right to levy distress without leave is hereby upheld under section 3(1) of the Distress for rent Act, Cap. 293 Laws of Kenya.
Facts
The tenant, Gifted Hands School Limited, filed a motion seeking restraining orders against the landlord and auctioneer, Mohamed Raffique Mogul and Rehan Nabil Mogul, alleging threats of eviction and illegal distress. The landlord, Philips International Auctioneers, issued a distress proclamation against the tenant for Kshs.2,400,000.
Issues
- Whether the tenant is entitled to the reliefs sought in the application dated 15th April 2021 and the reference of even date.
- Whether the landlord required leave to levy distress against the tenant's properties.
- Who is liable to pay costs.
Reasoning
The tenant was in arrears of rent, and the landlord was entitled to levy distress for rent as there was rent in arrears which fact is admitted through documentary evidence presented before the Tribunal.
Outcome
The tenant's reference and application dated 15th March 2022 is dismissed with costs under Section 12 (4) of Cap. 301 upon investigation by the Tribunal. The landlord's right to levy distress without leave is upheld under section 3(1) of the Distress for rent Act, Cap. 293 Laws of Kenya.
Orders
- The tenant's reference and application dated 15th March 2022 is dismissed with costs under Section 12 (4) of Cap. 301 upon investigation by the Tribunal.
- The landlord's right to levy distress without leave is hereby upheld under section 3(1) of the Distress for rent Act, Cap. 293 Laws of Kenya.
- The interim orders are discharged.
- The Respondents are awarded Kshs.50,000/- as costs for the reference.
Remedies
- Costs awarded to the landlord in the amount of Kshs.50,000/-.
Authorities cited
Legislation (3)
- Distress for Rent Act, Cap. 293 Laws of Kenya
- Section 3(1) of the Distress for Rent Act, Cap. 293 Laws of Kenya
- Section 12 (4) of Cap. 301
Cases cited (3)
- Samuel Kipkori Ngeno & Another – vs- Local Authorities Pension Trust (Registered Trustees) & Another (2018) eKLR
- Kyangavo -vs- Kenya Commercial Bank Ltd & Another (2004) eKLR
- John Nthumbi Kamwithi – vs- Asha Akumu Juma (2018) eKLR
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