Case ID:184930

Ernest Okello v Ezra Imhale & 2 others

[2021] eKLR

Case Metadata

Case Number:

Tribunal Case 54 of 2020 (Kakamega)

Parties:

Ernest Okello v Ezra Imhale, Richard Ambeyi & Boaz Lwangu

Date Delivered:

09 Nov 2021

Case Class:

Civil

Court:

Business Premises Rent Tribunal

Case Action:

Judgment

Judge(s):

Hon. Cyprian Mugambi Nguthari Chairman

Citation:

Ernest Okello v Ezra Imhale & 2 others

[2021] eKLR

Court Division:

Tribunal

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 54 OF 2020 (KAKAMEGA)

ERNEST OKELLO................................TENANT/APPLICANT

VERSUS

EZRA IMHALE.....................LANDLORD/1

ST

RESPONDENT

RICHARD AMBEYI............LANDLORD/2

ND

RESPONDENT

BOAZ LWANGU………………………………….…………..LANDLORD/3

RD

RESPONDENT

JUDGEMENT

1. The Tenant’s reference dated

6

th

March 2020

is in the following terms;

“That the Respondents have been harassing and intimidating the Tenant with threats of eviction by locking the Tenant’s business premises without an order from the Rent Tribunal contrary to Cap 301 of the Laws of Kenya. The Tenant’s request is for the Respondents to restore him into the premises and cease harassing the Tenant. The Tenant has also sought police assistance.”

2. The Respondents were duly served to attend the Tribunal for the hearing. They did not attend. The Tenant has filed an affidavit of service. I also note that the Respondents had been served by the Tribunal. Satisfied with the service of the hearing, the matter proceeded for hearing on

27

th

October 2021

. I summarize the evidence of the Tenant as follows;

3. Ernest Okello;

a. That he rented the suit premises about twenty years ago.

b. That his Landlady has always been Tecla Awinja and he has paid rent to her for all the years. He has never had a problem with the Landlady.

c. That on

4

th

March 2020,

the Respondents broke the padlock to his business premises and closed the same.

d. That he reported the matter to the Police at Kilingili Police Station. Thereafter he filed this case at the Tribunal.

4. The Tenant’s Witness Tecla Awinja stated;

a. That Ernest Okello is her Tenant at Kilingili.

b. That she has a grant of representation for the estate of her deceased husband (Tenant’s exhibit No 1).

c. That she knows the Respondents herein. They do not collect rent from the suit premises.

d. That she has no problem with the Tenant and he is entitled to the orders he has sought from the Tribunal.

e. That the Respondents had no business closing the Tenant’s premises.

5. The only issue for determination is whether the Tenant is entitled to the orders he has sought in his reference dated

6

th

March 2020.

The evidence of the Tenant and his witness has not been challenged.

6. I am satisfied on the evidence and the material placed before me that the Tenant is the Tenant of one Tecla Awinja and not the Respondents. I am also satisfied on the basis of the certificate of confirmation of a grant issued in favour of Tecla Awinja on

22

nd

September 2020,

that indeed she inherited plot No IA Kilingilil Market.

7. The Respondents therefore have no business interfering with the Tenant’s quiet enjoyment of the suit premises.

8. Consequently, I make the following orders;

a. That the Respondents are permanently injuncted from in any way interfering with the Tenant’s quiet possession and use of the suit premises at Kilingili Market Plot No 1A.

b. That the OCS Kilingili Police Station shall ensure compliance with this order.

c. The Tenant shall have the costs of the reference.

HON CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

JUDGEMENT DATED, SIGNED AND DELIVERED BY HON CYPRIAN MUGAMBI NGUTHARI THIS 27

TH

DAY OF OCTOBER 2021.IN THE PRESENCE OF THE TENANT AND IN THE ABSENCE OF THE RESPONDENTS.

HON CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL