Francis Mbuvi v Edward Rombo [2022] KEBPRT 123 (KLR)

REPUBLIC OF KENYA

IN THE BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO. E417 OF 2021 NAIROBI

FRANCIS MBUVI………….………………………………….……APPLICANT/TENANT

AND

EDWARD ROMBO…………….…………………..… 1ST RESPONDENT /LANDLORD

RULING

1. By way of certificate of urgency, the Tenant filed at the application dated 13th August 2021 seeking amongst other reliefs reinstatement and restraining orders as against the Landlord from evicting them and to continue paying Kshs 5,000/.

2. He states that he owned a business with his late aunt who died on 6th August 2021.

3. The aunt died and the business was closed.  He states that he was the next of kin and ready to take over the business.

4. Appearance was entered on behalf of the Respondent on 30th August 2021 and a Replying Affidavit filed.

5. I have looked at the documents on record and key question is whether the Landlord/Tenant contract between the aunt and Rombo supersedes the death of the aunt so that the going concern (business) could be handed over to the next of kin.  This is premised on whether the business had perpetual succession.

6. I am not privy to any documents produced before me as to the nature of the business being that with perpetual succession.

7. As such I am unable to declare it as such.  It appears there was an agreement between Rombo and the late aunt which agreement in the absence of the aunt would have no legal leg to stand upon.

8. As such, there would be nothing to pass over to the next of kin.  The contract stands frustrated by death.

9. The law also states how next of kin out to be evidenced via letters of administration.  In the first instance.  That has not been produced as well but I need to get to that.

10. The reference and application are dismissed with no orders as to costs.

11. The Landlord to refund the deposit of Kshs 1,500/-.

12. The Landlord to release any goods of the late Tenant that he is holding to the alleged next of kin.

HON A. MUMA

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL

Ruling dated, signed and delivered virtually by Hon A. Muma this 4thday ofJanuary 2022 in the presence of Francis Mbuvi (Tenant)andRamkofor theLandlordinperson.

HON A. MUMA

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL