Peter Kariithi Mburu v Thande Holdings Limited, Derby Agencies & Nairobi Connection Services [2021] KEBPRT 646 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO 118 OF 2018 (NAIROBI)

PETER KARIITHI MBURU.......................................................TENANT

VERSUS

THANDE HOLDINGS LIMITED..............................................LANDLORD

DERBY AGENCIES.............................................................................AGENT

NAIROBI CONNECTION SERVICES….............................AUCTIONEER

RULING

The Landlord/Applicant by his application dated 6th July 2020 has applied for the following orders;

1.   Spent

2.   That the Tenant be and is hereby ordered to pay rent arrears amounting to Kshs 352,770/- and all pending bills.

3.   That the honourable Tribunal be pleased to grant the Landlord/Applicant leave to levy distress on the Tenant’s goods in order to recover the outstanding arrears of Kshs 352,770/-.

4.   That the honourable Tribunal be pleased to order for vacant possession forthwith on account of non-payment of rent.

5.   That the OCS Central Police Station do ensure compliance of these orders.

6.   Costs of the application.

The application is brought majorly on the ground that the Tenant is in rent arrears amounting to Kshs 353,770/- as at the time of filing the application; and that the Landlord will continue to suffer irreparable loss unless he is granted vacant possession forthwith.

The application is supported by the affidavit of A.P. Thande, the Landlord and I proceed to summarize the same as follows;

1.   That the Tribunal, on 15th April, 2019 and 19th August 2019 issued orders stripping the eviction of the Tenant and the removal and sale of the Tenant’s property until the hearing and determination of this suit.

2.   That the Tenant has only paid rent once since the year 2018.

3.   That out of the arrears of Kshs 221,670/- owing as at October 2019, the Tenant has only paid Kshs 198,000/-and the current rent arrears are now standing at Kshs 352,770 (as at 6th July 2020 when the affidavit was sworn).

4.   That the Tenant is receiving favour and protection from this Tribunal leading to the collosal accumulation of rent for a period of over two (2) years.

When this matter came up for hearing on 7th April 2021, Miss Wacheke for the Landlord/Respondent indicated that the Landlord’s application dated 6th July 2020 was not opposed.  She indicated that the application had been served and the same was not opposed.  She prayed that the application be allowed as prayed.

I have gone through the court record and I note;

1.   That Wacheke Thindigua & Co Advocates fixed this matter for full hearing on 4th February 2021. The date fixed for hearing was 30th March 2021.

2. That an affidavit of service has been filed by one Kevin Nguli Sisanta on 29th March 2021.

3.   That the hearing notice served upon Roba & Odera Advocates indicates that the matter has been set for full hearing on 30th March 2021.

It is therefore clear that the application dated 6th July 2020 has not been set down for hearing.  Counsel did not bring out this position to the Tribunal on 7th April 2021.

In the circumstances, I do order that the application dated 6th July 2020be served and a date for hearing of the same be fixed on a priority basis.

CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

Court:

Ruling delivered virtually by Hon Cyprian Mugambi this 19thday of April, 2021in the presence of Miss Waceke for theLandlordand in the absence of counsel for the Tenant.

HON CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL