Case ID:165120

Martha Wairimu Ng’ethe v Geoffrey Kimani Njenga [2020] eKLR

Case Metadata

Case Number:

Tribunal Case 242 of 2019

Parties:

Martha Wairimu Ng’ethe v Geoffrey Kimani Njenga

Date Delivered:

27 May 2020

Case Class:

Civil

Court:

Business Premises Rent Tribunal

Case Action:

Ruling

Judge(s):

MBICHI MBOROKI CHAIRMAN

Citation:

Martha Wairimu Ng’ethe v Geoffrey Kimani Njenga [2020] eKLR

Advocates:

Miss Njeru holding brief for Mrs Charago for the Landlord’s advocate

Court Division:

Tribunal

Parties Profile:

Individual v Individual

County:

Nairobi

Advocates:

Miss Njeru holding brief for Mrs Charago for the Landlord’s advocate

History Advocates:

One party or some parties represented

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 242 OF 2019 (NAIROBI)

MARTHA WAIRIMU NG’ETHE…………………………………...........TENANT

VERSUS

GEOFFREY KIMANI NJENGA…..………………………………….LANDLORD

RULING

The Tenant/Applicant on

12

th

March 2019

filed a reference under

section 12(4) of Cap 301

and also an originating summons seeking to restrain the Landlord from evicting the Applicant/Tenant from the suit premises.

The Tribunal has perused all the pleadings in the matter and the written submissions of the advocates of the parties and the written authorities relied on by both advocates of the parties.

The Tribunal does not find it difficult to resolve the issues raised by the Tenant for the following reasons;

1. It is admitted that the Landlord and the Tenant in this reference entered into a lease agreement dated

3

rd

January 2014

for a period of

5 years.

2.

The Landlord’s notice dated

10

th

December 2018

does not comply with

section 4(2) of Cap 301.

It is clear from the tenancy agreement that the tenancy between the parties is a controlled tenancy within the meaning of

section 2 of Cap 301

and the tenancy can only be terminated in accordance with the provisions of

section 4(2) of Cap 301.

The Tribunal is in total agreement with the Tenant’s advocate’s submissions and the authorities which he has cited that the Landlord has no option but to comply with the provisions of

section 4(2) of Cap 301

if he wishes to terminate the Applicant’s/Tenant’s tenancy. The Tribunal has no doubt in its mind that the Landlord’s notice dated

10

th

December 2018

is incurably defective, null and void and is incapable of being enforced.

The Tenant/Applicant’s application dated

14

th

March 2019

has merits and the same is hereby allowed and the Tribunal makes the following orders;

1. The application dated

14

th

March 2019

is allowed in terms of

prayers 3

of the notice of motion, that is to say;

a. The Landlord/Respondent is prohibited and restrained from effecting termination notice and unlawfully evicting the Tenant from

shop A on plot Number LR 209/12953

or otherwise interfering with the Tenant’s use and occupation of the said premises.

2. The Landlord/Respondent shall pay the Tenant/Applicant costs of the reference and the application dated

14

th

March 2019

assessed at

shs 50,000/-

all inclusive.

3. The Tenant shall deduct the costs from the rent due to the Landlord/Respondent.

4. The Landlord is at liberty to serve the Tenant with a notice which complies with

section 4(2) of Cap 301.

Ruling

dated and delivered this

27

th

day of May 2020

in the presence of

Miss Njeru

holding brief for

Mrs Charago

for the

Landlord’s advocate

for the

Tenant

absent.

MBICHI MBOROKI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL