Themes Restaurant v Ijara Properties & 2 others (Tribunal Case E949 of 2022) [2023] KEBPRT 202 (KLR) (Civ) (27 March 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 202
- Citation
- [2023] KEBPRT 202 (KLR)
- Decided
- 27 March 2023
The landlord did not follow due procedure in seeking to levy distress, and the tenant was in arrears and should be held accountable.
Facts
The tenant, Themes Restaurant, filed a reference and application before the Tribunal seeking to restrain the landlord, Ijara Properties, from carrying away or disposing of their goods after being issued with a Proclamation Notice for defaulting in paying rent. The landlord subsequently filed an application for leave to levy distress for rent.
Issues
- Whether the tenant is in arrears of rent warranting distress
- Whether the landlord followed due procedure in seeking to levy distress
Reasoning
The landlord failed to seek leave of the Tribunal prior to issuing the Proclamation Notice, which is required by CAP 301, Section 12(h). The tenant was found to be in arrears and should be held accountable.
Outcome
The tenant's reference and application are partially allowed, with the landlord granted the right to distress and apply for eviction orders in the event of default.
Orders
- The tenant shall pay Kshs. 200,000.00 per month from 5th April 2023 till payment in full of the arrears, being rent of Kshs. 120,000.00 and Kshs. 80,000.00 for arrears.
- Each party shall bear their own costs.
Remedies
- Restraining orders against the landlord
Authorities cited
Legislation (1)
- CAP 301
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