Halid Musa Ojiambo v Bonventure Imbayi & Annet Wafula [2021] KEBPRT 164 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO E047 OF 2021 (KAKAMEGA)

HALID MUSA OJIAMBO.................LANDLORD

VERSUS

BONVENTURE IMBAYI

ANNET WAFULA................................TENANTS

JUDGEMENT

1. The Landlord’s tenancy notice in this matter is the one dated 1st April 2021. The grounds upon which termination of tenancy is sought are that;

“The Tenant has refused to pay rent. She has rent arrears of Kshs 57,000. The Landlord sought orders that the Tenant pays the rent and vacates the suit premises and also sought police assistance in the enforcement of the orders”.

2. In opposition to the said notice the Tenant filed a reference dated 28th April 2021. The same came up for hearing on 28th October 2021, only the Tenant attended court. Mr Bonventure Imbai testified on behalf of the Tenant and his evidence was to the effect;

a. That the Tenant Annet Wafula is his wife and together they run a shop at the suit premises.

b. That their initial Landlord was one Mr Ading’o the father to the current Landlord Halid, Musa Ojiambo.

c. That they took up the tenancy on or about October 2016 and paid Kshs 84,000/- being a one year’s rent at the rate of Kshs 7,000/- per month.

d.That during the covid pandemic, the rent was mutually reduced to Kshs 5,000/-.

e. That the initial Landlord passed on in 2019 and Halid Musa took over the premises as the Landlord.

f. That the said Musa has been receiving rent in bits and not issuing receipts.

g. That the problems begun when the Tenant failed to pay the Landlord Khs 15,000/- in lump sum leading to the Tenant to seek an alternative Landlord who wanted to start a chemist in the same premises.

h. That on 3rd March 2021 the Landlord locked the premises. He failed to open the same even after being requested to do so by the officers from the Ministry of Housing and the BPRT.

i. That the Tenant broke into the premises on the advice of the OCS Busia Police Station and has peacefully carried on her business till now.

j. That the Tenant does not owe the Landlord any rent arrears.

k. That the Tenant now seeks the protection of the Tribunal.

3. The evidence of the Tenant is uncontroverted. I have no reason not to believe the same. The Landlord has not attended court to argue his notice which is opposed in any event. In the absence of evidence in support of the notice and in view of the Tenant’s unchallenged evidence, I make the following orders;

a. That the Landlord’s notice dated 1st April 2021 shall be of no effect.

b. The Tenant’s reference dated28th April 2021 is hereby allowed.

c. The Landlord is hereby injuncted from in any manner interfering with the Tenant’s quiet possession and use of the suit premises.

d. The Tenant shall have the costs of the reference.

HON CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

JUDGEMENT DATED, SIGNED AND DELIVERED VIRTUALLY BY HON CYPRIAN MUGAMBI NGUTHARI THIS 28TH APRIL 2021 IN THE PRESENCE OF THE TENANT AND IN THE ABSENCE OF THE LANDLORD.

HON CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL