Sax and Violin Limited v Cross Roads Limited (Tribunal Case E238 of 2023) [2023] KEBPRT 644 (KLR) (27 October 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 644
- Citation
- [2023] KEBPRT 644 (KLR)
- Decided
- 27 October 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureApplication for Reference and Application to Levy Distress for RentCoramA. Muma
Holding
The Tribunal has the requisite jurisdiction to hear and determine the matter. The landlord has the right to distress for rent arrears.
Facts
The tenant, Sax and Violin Limited, rented business premises from the landlord, Cross Roads Limited. The tenant owed rent arrears and the landlord issued a Proclamation Notice for distress. The tenant filed a Reference and Application to the Business Premises Rent Tribunal.
Issues
- Whether the Tribunal has the requisite jurisdiction to hear and determine the matter.
- Whether the Proclamation Notice by the 2nd respondent is legal.
Reasoning
The Tribunal found that there was no written lease agreement, leading to a periodic tenancy agreement. The landlord has the right to distress for rent arrears, and the tenant was given an opportunity to pay in installments.
Outcome
The Reference and Application are partially allowed.
Orders
- Tenant to pay rent and arrears in the sum of KShs. 1,500,000.00 per month on or before the 5th day of every month.
- Costs of this Reference assessed at KShs. 50,000/= awarded to the Landlord.
Remedies
- Allowance of the tenant's request to pay rent in installments.
Authorities cited
Legislation (2)
- Landlord and Tenants (Hotels, Shops and Catering Establishments) Act cap 301
- Distress for Rent Act, cap. 293
Cases cited (2)
- John Nthumbi Kamwithi v Asha Akumu Juma (2018) eKLR
- Peter Nthenge v Daniel Itumo & another HCCC No. 1242 of 1974
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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