Case ID:185063

Halid Musa Ojiambo v Bonventure Imbayi & another [2021] eKLR

Case Metadata

Case Number:

Tribunal Case E047 of 2021 (Kakamega)

Parties:

Halid Musa Ojiambo v Bonventure Imbayi & Annet Wafula

Date Delivered:

28 Apr 2021

Case Class:

Civil

Court:

Business Premises Rent Tribunal

Case Action:

Judgment

Judge(s):

Hon Cyprian Mugambi Nguthari - Chairman

Citation:

Halid Musa Ojiambo v Bonventure Imbayi & another [2021] eKLR

Court Division:

Tribunal

County:

Kakamega

Case Outcome:

Tenant’s reference 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 E047 OF 2021 (KAKAMEGA)

HALID MUSA OJIAMBO.................LANDLORD

VERSUS

BONVENTURE IMBAYI

ANNET WAFULA................................TENANTS

JUDGEMENT

1. The Landlord’s tenancy notice in this matter is the one dated

1

st

April 2021

. The grounds upon which termination of tenancy is sought are that;

“The Tenant has refused to pay rent. She has rent arrears of

Kshs 57,000.

The Landlord sought orders that the Tenant pays the rent and vacates the suit premises and also sought police assistance in the enforcement of the orders”.

2. In opposition to the said notice the Tenant filed a reference dated

28

th

April 2021

. The same came up for hearing on

28

th

October 2021,

only the Tenant attended court. Mr Bonventure Imbai testified on behalf of the Tenant and his evidence was to the effect;

a. That the Tenant Annet Wafula is his wife and together they run a shop at the suit premises.

b. That their initial Landlord was one Mr Ading’o the father to the current Landlord Halid, Musa Ojiambo.

c. That they took up the tenancy on or about

October 2016

and paid

Kshs

84,000/-

being a one year’s rent at the rate of

Kshs 7,000/-

per month.

d.

That during the covid pandemic, the rent was mutually reduced to

Kshs 5,000/-.

e. That the initial Landlord passed on in

2019

and Halid Musa took over the premises as the Landlord.

f. That the said Musa has been receiving rent in bits and not issuing receipts.

g. That the problems begun when the Tenant failed to pay the Landlord

Khs 15,000/-

in lump sum leading to the Tenant to seek an alternative Landlord who wanted to start a chemist in the same premises.

h. That on

3

rd

March 2021

the Landlord locked the premises. He failed to open the same even after being requested to do so by the officers from the Ministry of Housing and the BPRT.

i. That the Tenant broke into the premises on the advice of the OCS Busia Police Station and has peacefully carried on her business till now.

j. That the Tenant does not owe the Landlord any rent arrears.

k. That the Tenant now seeks the protection of the Tribunal.

3. The evidence of the Tenant is uncontroverted. I have no reason not to believe the same. The Landlord has not attended court to argue his notice which is opposed in any event. In the absence of evidence in support of the notice and in view of the Tenant’s unchallenged evidence, I make the following orders;

a. That the Landlord’s notice dated

1

st

April 2021

shall be of no effect.

b. The Tenant’s reference dated

28

th

April 2021

is hereby allowed.

c. The Landlord is hereby injuncted from in any manner interfering with the Tenant’s quiet possession and use of the suit premises.

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

HON CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

JUDGEMENT DATED, SIGNED AND DELIVERED VIRTUALLY BY HON CYPRIAN MUGAMBI NGUTHARI THIS 28

TH

APRIL 2021 IN THE PRESENCE OF THE TENANT AND IN THE ABSENCE OF THE LANDLORD.

HON CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL