Tailor v Dhingra (Tribunal Case E40 & E046 of 2022 (Consolidated)) [2022] KEBPRT 869 (KLR) (20 December 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 869
- Citation
- [2022] KEBPRT 869 (KLR)
- Decided
- 20 December 2022
The Tribunal dismissed the Landlord’s Notice of Preliminary Objection and held that the distress for rent was unlawful. The Tribunal also dismissed the Tenant’s reference and notice of motion application due to the Tenant’s eviction.
Facts
The Landlord and Tenant entered into a lease agreement for an office space. The Landlord terminated the lease citing expansion needs, leading to a dispute. The Tenant filed a suit challenging the termination notice, and the court granted an injunction. The dispute then escalated with the Landlord seeking to evict the Tenant through distress for rent.
Issues
- Whether the Landlord’s Notice of Preliminary Objection dated October 24, 2022 ought to be allowed
- Whether the distress for rent by the Landlord was unlawful and contrary to the provisions of Cap 301
Reasoning
The Tribunal found that the dispute was about a controlled tenancy, which falls within the Tribunal’s jurisdiction. The Tribunal also ruled that the Landlord’s actions were unlawful as they were taken without the Tribunal’s leave.
Outcome
The Tenant’s reference and notice of motion application was dismissed.
Orders
- The Tenant/Applicant’s Reference and Notice of Motion application dated October 26, 2022 is hereby dismissed.
- Each party shall bear their own costs.
Remedies
- The Tenant/Applicant’s Reference and Notice of Motion application dated October 26, 2022 is hereby dismissed.
- Each party shall bear their own costs.
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
- Landlord and Tenant Act
Cases cited (1)
- John Nthumbi Kamwizhi v Asha Akumu Juma, Embu HCCA No 7A of 2016
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