Asiyo v National Cereals & Produce Board (Tribunal Case E590 of 2021) [2022] KEBPRT 4 (KLR) (15 April 2022) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 4
- Citation
- [2022] KEBPRT 4 (KLR)
- Decided
- 15 April 2022
The tenant is disentitled to the reliefs claimed and the landlord is entitled to exercise the options set out in the tenancy agreement.
Facts
The tenant, Isaac Sero Asiyo, claimed unpaid transport services as a means to settle rent arrears. The National Cereals & Produce Board (NCPB) was the landlord. The tenant had a lease agreement with NCPB for office premises, but NCPB failed to pay rent, leading to a demand notice and subsequent disputes.
Issues
- Whether the tenant had a valid claim for unpaid transport services to settle rent arrears.
- Whether the landlord was entitled to re-enter the demised premises and repossess the leased office premises due to unpaid rent.
Reasoning
The court held that the tenant had failed to pay rent and was not entitled to an injunction, as he had not met his cardinal obligation to pay rent. The landlord was entitled to re-enter the demised premises and repossess the leased office.
Outcome
The tenant's reference and subsequent applications were dismissed with costs. The interim orders were discharged and the landlord's application for distress was allowed.
Orders
- Tenant's reference dismissed with costs.
- Tenant's applications dated 11th June 2020 and 24th September 2021 dismissed with costs.
- Interim orders given on 11th June 2020 discharged and/or vacated.
- Landlord authorized to levy distress against tenant's properties in demised premises.
- Landlord's costs assessed at Kshs.50,000/- all inclusive.
Remedies
- Landlord authorized to levy distress against tenant's properties in demised premises.
- Landlord's costs assessed at Kshs.50,000/- all inclusive.
Authorities cited
Cases cited (1)
- Samuel Kipkori Ngeno & Another v Local Authorities Pension Trust (Registered Trustees) & Another (2013) eKLR
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