Gatero v Njoroge & another (Tribunal Case E252 of 2023) [2024] KEBPRT 528 (KLR) (18 March 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 528
- Citation
- [2024] KEBPRT 528 (KLR)
- Decided
- 18 March 2024
The tenant's application is allowed in terms of Prayers 3 & 4 thereof.
Facts
The tenant filed a complaint under Section 12(4) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap. 301, Laws of Kenya, claiming the landlord was unlawfully claiming rent not owed and disputing the rent. The tenant also filed a motion seeking restraining orders against the respondents, their agents, servants, workmen, and any other person from distressing for rent, advertising, removing, selling, or interfering with her goods. The respondents had issued a proclamation of distress for the tenant's goods in her business premises.
Issues
- Whether the landlord is acting unlawfully by claiming rent not owed.
- Whether the proclamation of distress issued by the respondents is valid and enforceable.
- Whether the tenant's application for restraining orders and declaration is valid and enforceable.
Reasoning
The court found that the tenant had been paying rent promptly until July, 2023, and the tenancy agreement was from 1st April, 2022 to 31st March, 2028, while the proclamation sought to recover rent for the period from 2012 to date.
Outcome
The tenant's application is allowed.
Orders
- The tenant's application dated 11th October 2023 is allowed in terms of Prayers 3 & 4 thereof.
- Both parties shall file and exchange their rent account statements for the period beginning 1st April 2022 to the date of filing showing the debits, credits, and balances for each month together with filtered evidence of rent payments in respect of the suit premises.
- The costs of the application shall be met by the respondents in any event.
- This matter shall be fixed for mention to confirm compliance and for further directions.
Remedies
- Declaration that the intended distress on the tenant's business premises is illegal, null and void ab-initio.
- Rent account statements for the period beginning 1st April 2022 to the date of filing showing the debits, credits, and balances for each month together with filtered evidence of rent payments in respect of the suit premises.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap. 301, Laws of Kenya
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