Oginga v Agewyo [2025] KEBPRT 30 (KLR)

Oginga v Agewyo (Tribunal Case E019 of 2024) [2025] KEBPRT 30 (KLR) (17 January 2025) (Ruling)

Neutral citation: [2025] KEBPRT 30 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E019 of 2024

CN Mugambi, Chair

January 17, 2025

Between

William Oginga

Applicant

and

Jekonian Omollo Agewyo

Respondent

Ruling

Introduction 1. The Tenant’s Application dated 16. 4.2024 seeks orders that pending the hearing and determination of the Application, the Landlord be injuncted from in any way interfering with the Tenant’s business situated in Migori-town. The Tenant has also sought the assistance of the OCS, Migori Central Police Station in the enforcement of the orders sought. Costs of the Application have also been sought.

The Tenant’s depositions 2. The Tenant in his affidavit sworn on 16. 4.2024 has deponed that his rent is paid up to date and that inspite of that, the Landlord has issued the Tenant with a demand notice to vacate the premises.

3. The Tenant further depones that he has sought to know the reasons behind the illegal actions of the Landlord which if allowed to go unchallenged will expose the Tenant to loss and suffering.

4. The Tenant has further deponed that it is in the interests of justice that his Application be allowed.

The Landlord’s depositions 5. The Landlord has deponed in his Replying affidavit sworn on 9. 7.2024 that the Tenant is a perennial rent defaulter and owes rent of Kshs 24,000/= for the months of August 2021 to January 2022.

6. The Landlord depones in his said affidavit that on or about the month of January 2022, the Counsel issued the Tenant with a notice to vacate the premises at the risk of being evicted therefrom.

7. The Landlord has deponed that he sold the suit premises to one Henry Kowero Ogoye and had the title transferred to the said purchaser on 20. 3.2024 and thereby ceased to be the owner of the suit premises.

8. It is also deponed that the Tenant being unable to pay the rent vacated the suit premises on or about 1. 3.2024.

9. It is also the Landlord’s deposition that there being no tenancy relationship between the parties, the Tribunal has no jurisdiction to hear and determine this dispute.

Analysis and determination 10. At the very outset, it is critical in this Ruling that the court determines whether it has the jurisdiction to hear and determine this matter.

11. The Respondent has in his Replying affidavit deponed that he no longer has any interest in the suit premises having sold the same and effected the transfer in favour of one Henry Kowero Ogeyo on 20. 3.2024. I have seen the search certificate dated 24. 6.202r and it clearly shows that the suit premises has been transferred to the said purchaser and title issued in his name.

12. The Landlord has also deponed that the Tenant vacated the suit premises on 1. 3.2024 after he was unable to pay rent.

13. I note that the Tenant has not challenged these depositions by the Landlord. I am convinced that on a balance of probabilities, the Tenant vacated the suit premises and further from the evidence, it is obvious that the suit premises has changed hands. The Respondent is no longer the Landlord of the Tenant.Consequently, there does not exist a Landlord/Tenant relationship between the parties and the Tribunal therefore has no jurisdiction to hear and determine this dispute.

14. Having found that the Tribunal has no jurisdiction, I have no option but to dismiss the Tenant’s Application and the Reference dated 16. 4.2024. As I do not have any evidence that the Tenant was notified of the change of ownership of the suit premises before he filed his suit, I will order that each party will bear their own costs.

15. This file is ordered closed.

DATED, SIGNED AND DELIVERED VIRTUALLY THIS 17TH DAY OF JANUARY, 2025. HON. CYPRIAN MUGAMBI - CHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the absence of the parties.