Sirgoi Holdings Limited v Royal Capital Placement Limited [2025] KEBPRT 176 (KLR) | Distress For Rent | Esheria

Sirgoi Holdings Limited v Royal Capital Placement Limited [2025] KEBPRT 176 (KLR)

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Sirgoi Holdings Limited v Royal Capital Placement Limited (Tribunal Case E111 of 2024) [2025] KEBPRT 176 (KLR) (25 February 2025) (Ruling)

Neutral citation: [2025] KEBPRT 176 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E111 of 2024

CN Mugambi, Chair

February 25, 2025

Between

Sirgoi Holdings Limited

Landlord

and

Royal Capital Placement Limited

Landlord

Ruling

1. The Application by the Landlord dated 11. 11. 2024 seeks orders that the Landlord be allowed to break into the suit premises, gain entry therein and levy distress for rent against the Tenant. The Landlord has also sought the assistance of the OCS, Eldoret Central Police Station in the enforcement of the orders sought.

2. The Application is supported by the Affidavit of Ms. Elnathan Chumo wherein amongst other depositions, it has been deponed that the Tenant is in rent arrears of Kshs. 369,000/= and has locked the suit premises.

3. On 8. 01. 2025, Ms. Ayieko Advocate appeared for the Tenant and both parties were directed to file their responses and submissions. When this matter came up for mention on 4. 02. 2025, Ms. Ayieko Advocate sought for time to file her client’s responses, the parties were reminded to comply with the orders issued on 8. 01. 2025.

4. The Tenant has not filed any response to the Application by the Landlord and in the circumstances, the Application is unopposed.

5. The Application by the Landlord basically seeks leave to levy distress against the Tenant. The Tenant has not denied the Landlord’s assertion that the Tenant is in rent arrears amounting to Kshs. 369,000/= as at the filing of the motion.Consequently, the right of the Landlord to levy distress for rent has already crystalized under Section3 of Cap 293, The Distress for Rent Act.

6. The Application by the Landlord is therefore allowed as prayed.

7. The Reference by the Landlord is also allowed in the terms of the order at paragraph 6 above.

8. This file is hereby ordered closed.

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 25TH DAY OF FEBRUARY, 2025. HON. CYPRIAN MUGAMBICHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the absence of the parties.