Mbogo v Too (Tribunal Case E056 of 2025) [2025] KEBPRT 359 (KLR) (1 August 2025) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 359
- Citation
- [2025] KEBPRT 359 (KLR)
- Decided
- 1 August 2025
The Notice to Terminate Tenancy is valid, and the Tenant is ordered to vacate the premises within 30 days. The Landlord is allowed to repossess the premises through a licensed auctioneer. The Tenant is ordered to pay Kshs. 130,000 in rent arrears.
Facts
The case involves a tenancy dispute over business premises Pier One Lounge in Nakuru Municipality Block 4/112. The Landlord, Anthony Mbogo, issued a Notice to Terminate Tenancy dated 23rd November 2024 due to rent arrears. The Tenant, Judith Too, opposed the notice and claimed she paid rent irregularly.
Issues
- Validity of the Notice to Terminate Tenancy
- Existence of Rent Arrears
- Equitable Consideration
- Relief for Possession and Recovery
- Costs
Reasoning
The notice was valid and compliant with the law. Rent arrears were established, and the Tenant's claim of renovations and payments was not supported by evidence. The Landlord was awarded costs as the successful party.
Outcome
Judgment in favor of the Landlord
Orders
- The Notice to Terminate Tenancy dated 23rd November 2024 is valid and is hereby approved.
- The Tenant/Respondent shall vacate the premises known as Pier One Lounge on Nakuru Municipality Block 4/112 within Thirty (30) days from the date of this Ruling.
- In default, the Landlord shall be at liberty to repossess the premises through a Licensed Auctioneer, under the supervision of the OCS, Kaptembwa Police Station.
- The Respondent shall pay the sum of Kshs. 130,000/= to the landlord/Applicant as rent arrears together with any other accrued rent.
- The said amount shall be recoverable through distress for rent by a Licensed Auctioneer if unpaid within Thirty (30) days hereof and the landlord is exempted from paying further court fees on the distress order.
- The costs of the suit shall be borne by the Respondent.
Remedies
- Recovery of rent arrears
- Repossession of premises through a licensed auctioneer
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301)
Cases cited (4)
- Abdulnasir Said Abdi v Abdulrahim Ali Salim [2024] eKLR
- Yusuf Abdulsamad v Haither Haji Abdi [2021] eKLR
- Savings & Loan Kenya Ltd v Odongo [1987] eKLR
- Supa Duka Nakuru Ltd v Nairobi Bottlers Ltd [2015] eKLR
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