Railways Workers Union (K) v Nicholas T.T. Simuyu t/a Foundation Professional Limited [2021] KEBPRT 641 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO 249 OF 2021 (NAIROBI)

RAILWAYS WORKERS UNION (K)........................LANDLORD/APPLICANT

VERSUS

NICHOLAS T.T. SIMUYU T/A

FOUNDATION PROFESSIONAL LIMITED............TENANT/RESPONDENT

RULING

The notice of motion dated 17th March 2021seeks the following orders;

1. Spent

2. That the Applicant/Landlord be allowed to break into the business premises and gain access with the supervision of the OCS Kamukunji Police Station.

3. That the Applicant/Landlord be and is hereby allowed to sell any distrainable goods if any found in the Tenant’s premises to recover rent arrears through appointed auctioneers.

4. Costs of the application.

The grounds upon which the application is based have been set out on the face of the application.  I have considered the said grounds alongside the affidavit in support of the application.  The application is not opposed.  I am satisfied that the Tenant has been properly served in the circumstances of this case.

In the circumstances of this case, I hereby make the following orders;

1. That the Landlord/Applicant is allowed to break into the Tenant’s business premises and therein distress for rent to recover the outstanding rent arrears using a licenced auctioneer.

2. That an inventory of all the distrained goods be taken by the Auctioneer in the presence of the OCS Kamukunji Police Station or an officer designated by the said OCS and the same be filed in the Tribunal.

3. That the auctioneer shall render an account of the sale of the distrained goods to the Tribunal within seven (7) days of the sale of the distrained goods.

4. The Landlord shall have the costs of this application.

HON. CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

Court:

Ruling delivered in open court by Hon Gakuhi Chege this 22ndday of April, 2021 in the presence of John Chumo – secretary of theLandlord and in the absence of the Tenant/Respondent.

HON GAKUHI CHEGE

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL