Case ID:165070

Hassan Abdi Hirsi v Abdiwali Kalicha Adan [2020] eKLR

Case Metadata

Case Number:

Tribunal Case 23 of 2020

Parties:

Hassan Abdi Hirsi v Abdiwali Kalicha Adan

Date Delivered:

11 Jun 2020

Case Class:

Civil

Court:

Business Premises Rent Tribunal

Case Action:

Ruling

Judge(s):

Mbichi Mboroki - Chairman

Citation:

Hassan Abdi Hirsi v Abdiwali Kalicha Adan [2020] eKLR

Court Division:

Tribunal

County:

Kisii

Case Outcome:

Application allowed.

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO 23 OF 2020 (KISII)

HASSAN ABDI HIRSI...................................................TENANT/APPLICANT

VERSUS

ABDIWALI KALICHA ADAN...........................LANDLORD/RESPONDENT

RULING

The Landlord/Respondent in the above reference served the Tenant/Applicant with the notice dated

28

th

February 2020

seeking to terminate the tenancy of the Tenant/Applicant on

1

st

May 2020.

The Tenant/Applicant on

26

th

March 2020

filed a notice of motion under a certificate of urgency seeking to restrain the Landlord from evicting and/or terminating the tenancy. The Tribunal upon perusal of the application issued interim orders on

26

th

March 2020.

The Landlord/Applicant on

7

th

May 2020

filed an application under a certificate of urgency seeking to stay and/or set aside the orders issued on

26

th

March 2020.

The Tribunal issued interim stay orders on terms and civil appropriate directions for the hearing of the Landlord’s application dated

7

th

May 2020.

The advocate of the parties have filed written submissions which are on record and which the Tribunal has read in details. It appears there have been several suits in respect of the suit premises plot number 24 Migori.

The core issue for determination by the Tribunal is whether there is a Landlord and the Tenant relationship between the parties. The Tribunal has no jurisdiction to hear and determine ownership dispute.

The mandate of the Tribunal is set out under

section 2 of Cap 301

. The Tribunal has perused the pleadings and the exhibits and notices the following:

1. The Applicant/Tenant Hassan Abdi Hirsi is not a party to

ELC case No 30 of 2019 Migori.

2. The Tenant/Applicant does not claim ownership of the suit premises

plot number 24 Migori.

3. The Tenant has admitted that he is in occupation of part of the premises and that he was duly served with the Landlord’s notice to terminate the tenancy.

4. That the Tenant/Applicant has not complied with the provisions of

section 4(5) and 6 of Cap 301.

5. The Respondents has annexed documents of ownership in respect of the suit premises in the replying affidavit filed on

6

th

May 2020 paragraph 7.

6. The Respondents and one Mohamed Kheir Isaak Abdullahi are the owners of the suit premises. The replying affidavit filed on

8

th

May 2020

has a comprehensive history on how the Respondent acquired the suit premises.

7. It is clear from the record that the Applicant/Tenant is descending into the arena of the ownership dispute which in the Tribunal’s considered opinion has now been settled and the Respondent and his partner are now the Landlords of the Applicant/Tenant by virtue of operation of law namely the

Landlord Act 2012.

The Tenant/Applicant denial of the Respondent has a Landlord has no foundation in law. The Applicant/Tenant is not a party to the

ELC 30/2019.

The status quo in respect of the suit premises as at

26

th

March 2020

was that the Respondent and his partner are the owners of the suit premises.

The Tribunal has no doubt in its mind that the Applicant is a Tenant of the Landlord and is liable to pay the rent which he was paying the previous Landlord from the time the plot was transferred to the Respondent/Landlord.

The Tribunal is also satisfied that the Tenant/Applicant obtained the orders from the Tribunal on

26

th

March 2020

by concealment of material facts.

In the light of the above facts, the Tribunal finds that the Landlord’s application dated

24

th

April 2020

has no merits and the Tribunal allowed the application dated

24

th

April 2020

and filed in the Tribunal on

6

th

May 2020

and makes the following specific orders:

1. The orders issued on

26

th

March 2020

are hereby set aside as there is no evidence that the Tenant/Applicant has filed a reference under

section 6 of Cap 301.

2. The Landlord is at liberty is at liberty to levy distress and recover all outstanding arrears of rent from the time

plot number 24 Migori

was transferred to him and his partner up to and including

June 2020.

3. The Landlord is at liberty to institute proceedings for recovery of the suit premises from the Tenant before the Tribunal.

4. The Tenant/Applicant shall pay the Landlord/Respondent costs of the proceedings assessed at

shs 50,000/-.

5. Costs shall be paid within

14 days

in default the Landlord shall recover the same by way of distress as part of arrears of rent.

Ruling dated and delivered this 11

th

day of June 2020 in the presence of Abdi Fattah son of the Tenant/Applicant and the Landlord present.

MBICHI MBOROKI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL