Ihururu Investments & Cooperative Society & Charles Munga Kimita t/aMwalimu Agencies Co. Ltd v Joseph Maina [2021] KEBPRT 644 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO 31 OF 2021 (NYERI)

IHURURU INVESTMENTS & COOPERATIVE SOCIETY.............LANDLORD/1ST APPLICANT

CHARLES MUNGA KIMITA T/A MWALIMU AGENCIES CO. LTD...AGENT/2ND APPLICANT

VERSUS

JOSEPH MAINA.............................................................................................TENANT/RESPONDENT

RULING

I have now seen the affidavit of service filed by Ruth Nyambura Murigi Process Server.  I am satisfied that the Tenant was served and has not filed any response.  I, in the circumstances make the following orders;

1. That the Landlord/Applicant is hereby allowed to break into the business premises and distrain for the outstanding rent arrears using a licensed auctioneer.

2. An inventory of all the distrained goods shall be taken by the auctioneer in the presence of the Tribunal Officer responsible for Nyeri and filed on this Tribunal.

3. The Auctioneer shall render an account of the sale of the distrained goods to the Tribunal within 7 days of the sale of the distrained goods.

4. The Landlord shall have the costs of these proceedings.

5. These orders shall apply on Nyeri BPRT No 32 of 2021 and Nyeri BPRT No. 33 of 2021.

CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

Court:

RULING DELIVERED ELECTRONICALLY THIS 7TH DAY OF APRIL, 2021

HON CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL