Okemwa v Bagha & another (Tribunal Case E231 of 2022) [2023] KEBPRT 79 (KLR) (17 February 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 79
- Citation
- [2023] KEBPRT 79 (KLR)
- Decided
- 17 February 2023
The application is dismissed. The interim orders given on November 11, 2022 are hereby discharged/vacated forthwith. The landlords' costs are assessed at Kshs 25,000/- against the tenant.
Facts
The tenant, Collins Okemwa, runs a hospital in the suit premises and was in rent arrears from December 2021 to June 2022. The landlords, Mohamed Zahir Bagha and Mohamed Munir Bagha, instructed Nottingham Edga Auctioneers to levy distress for rent, which led to the sale of the tenant's goods. The tenant paid Kshs 18,000 via Mpesa and Kshs 60,000 in cash and cheque, but the auctioneers deducted Kshs 75,500, leaving a balance of Kshs 23,800, which was paid to the landlords.
Issues
- Whether the tenant’s complaint and application dated November 10, 2022 ought to be allowed or dismissed.
- Who is liable to pay costs of the case.
Reasoning
The Tribunal found that the tenant was in rent arrears and that the landlords had the right to levy distress for rent. The tenant's complaint was dismissed as the application was made in bad faith and he had occupied the premises for over one year without paying rent.
Outcome
The application is dismissed.
Orders
- Interim orders given on November 11, 2022 are hereby discharged/vacated forthwith.
- Landlords' costs are assessed at Kshs 25,000/- against the tenant.
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