Dube v Waithaka & another (Tribunal Case E414 of 2022) [2022] KEBPRT 727 (KLR) (Civ) (20 September 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 727
- Citation
- [2022] KEBPRT 727 (KLR)
- Decided
- 20 September 2022
The applicant’s continued occupation of the suit premises on the basis of an illegal sub-tenancy arrangement with the 2nd Respondent is legally untenable. The applicant’s reference and application are dismissed with each party bearing their own costs. Dube shall vacate the suit premises on or before October 31, 2022.
Facts
Hawa Dube occupied the suit premises under an arrangement with James Kirimi, who sublet the premises to her. James Kirimi later discovered illegal subletting and issued a notice to vacate the premises. Dube denied any agreement with the landlord and sought restraining orders.
Issues
- Whether there exists a landlord/tenant relationship between the applicant and 1st Respondent.
- Whether the applicant is entitled to the reliefs sought herein.
- Who is liable to pay costs.
Reasoning
The sub-tenancy agreement was in violation of the head tenancy agreement, making it illegal and unenforceable. The applicant’s legal predicament is due to the 2nd respondent’s conduct during the illegal sub-letting process.
Outcome
Appeal dismissed
Orders
- The applicant’s reference dated May 13, 2022 and the application of even date are dismissed with each party bearing own costs.
- The applicant shall vacate the suit premises on or before October 31, 2022 and in default shall be evicted therefrom with the assistance of a licensed auctioneer who shall be accorded security by OCS, Pangani Police Station.
Remedies
- Vacant possession of the suit premises
- Eviction of the applicant
Authorities cited
Legislation (4)
- Cap 301, Laws of Kenya
- Section 12(1)(e) of cap 301
- Section 12(4) of cap 301
- Section 12(1)(k) of cap 301
Cases cited (4)
- Heptulla v Noormohaned (1984) eKLR
- Ministry Amar Singh v Kulubya (1963) EA 408
- Mike Munga Mbuvi v Kenya Airways Limited (2017) e KLR
- Livingstone Gitonga Muchungi & 2 others v ICEA Lion Life Assurance Company Limited
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