Kiambaa Properties Co. Ltd v Kiriiyu Merchants Auctioneer [2021] KEBPRT 293 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO E142 OF 2021 (NAIROBI)

KIAMBAA PROPERTIES CO. LTD......................LANDLORD/APPLICANT

VERSUS

KIRIIYU MERCHANTS AUCTIONEER...............TENANT/RESPONDENT

RULING

1. The Landlord/Applicant’s application dated 13th May 2021 seeks orders terminating the tenancy between the parties herein and thereafter, orders evicting the Tenant from the suit premises known as Kiambaa Ngara Road. The Applicant has further sought the assistance of the OCS Parklands Police Station in ensuring compliance with the court orders.

2. The application is mainly based on the grounds that the Respondent/Tenant was served with a notice to terminate the tenancy herein and it has never filed an objection to the said notice. The other notable ground is that the Tenant/Respondent continues occupying the suit premises without paying rent.

3. The application is also supported by the affidavit of Edwin Thuo with the authority of the Directors of the Landlord exhibited in the said affidavit.

4. On 23rd June 2021, the court was not satisfied that service in the matter was done at all. The Landlord/Applicant was ordered to serve the application for a fresh hearing on 27th July 2021. On 27th July 2021, the Landlord’s counsel informed the court that she had served the application and duly filed her affidavit of service. I do note that the service referred to was effected through G4S offices, Safari Club Branch, Nairobi. A receipt was duly issued by the G4S Offices.

5. I have also seen the affidavit of Joseph Wanjohi sworn on 6th March 2021. In the said affidavit, the process server confirms that the Landlord’s notice to terminate tenancy was dully served upon the Tenant on 18th January 2021. I am satisfied that the notice to terminate tenancy was property served.

6. The notice to terminate tenancy having not been opposed by the filing of the reference to the Tribunal, then the same became effective on the date specified therein, 1st April 2021, the tenancy therefore stands terminated from that date in terms of section 10 of Cap 301 which is in the following terms;

“Where a Landlord has served a notice in accordance with the requirements of section 4 of this Act, on a Tenant fails within the appropriate time to notify the Landlord of his unwillingness to comply with such notice or to refer the matter to a Tribunal then subject to section 6 of this Act, such notice shall have effect from the date therein specified to terminate the tenancy or terminate or alter the terms and conditions thereof or the rights or services enjoyed thereunder.”

7. I therefore allow the Landlord’s application in terms of prayer 2, 3 and 4 of its application dated 13th May 2021.

HON. CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

Ruling dated, signed and delivered virtually by Hon Cyprian Mugambi Nguthari this 3rdday of September, 2021 in the absence of the parties.

HON. CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL