Case ID:180688

Ali Siro Juma v Erick Okoth [2021] eKLR

Case Metadata

Case Number:

Tribunal Case 28 of 2021 (Kakamega)

Parties:

Ali Siro Juma v Erick Okoth

Date Delivered:

02 Aug 2021

Case Class:

Civil

Court:

Business Premises Rent Tribunal

Case Action:

Ruling

Judge(s):

Hon. Cyprian Mugambi Nguthari Chairman

Citation:

Ali Siro Juma v Erick Okoth [2021] eKLR

Court Division:

Tribunal

County:

Nairobi

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 28 OF 2021 (KAKAMEGA)

ALI SIRO JUMA....................................................LANDLORD/APPLICANT

VERSUS

ERICK OKOTH.........................................................TENANT/RESPONDENT

RULING

The Landlord’s application dated

27

th

January 2021

seeks leave of the Tribunal to allow the Landlord to levy distress of rent at the suit premises at Harambee Market and further seeks the assistance of the Officer Commanding Harambee Police Post/Patrol base in ensuring there is security during the exercise.

The application is brought on the grounds that the Tenant/Respondent is indebted to the Applicant in terms of rent arrears and electricity bill totaling to a sum of

Kshs 22,000/-.

Further, it is stated that the Tenant has purposefully refused to pay the rent and his electricity bill.

The application is also supported by the affidavit of the Applicant sworn on

18

th

January 2021

. The upshot of the said affidavit is that the Tenant is in rent arrears amounting to

Kshs 20,000/-

and electricity bill amounting to

Kshs 2,000/-.

That further the Tenant secretly opens the business premises to avoid paying rent or having the same demanded from him. I have read and considered the contents of the said affidavit.

The Landlord’s application is not opposed. I am satisfied that the Tenant was served with the application and the hearing notice. An affidavit of service has been sworn and filed by one Moses Kuloba Keya a licensed Court Process Server. The affidavit of service in respect of the application is the one dated

7

th

April 2021

while the one which is in respect of the hearing notice for

16

th

June 2021

is the one dated/sworn on

9

th

June 2021.

In the circumstances, I allow the Landlord’s application dated

27

th

January 2021

in terms of prayers 3, 4 and 5 of the said application. For the avoidance of doubt, the grant of the said prayers do not amount to eviction orders against the Tenant.

HON. CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

Ruling read and delivered virtually by

Hon Cyprian Mugambi Nguthari

this

2

nd

August

day of

2021

in the absence of the parties.

HON. CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL