REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO 53 OF 2020 (EMBU)
DINKAM INVESTMENT...........................................................LANDLORD/APPLICANT
VERSUS
BRAIA CONTRACTORS & SUPPLIES LTD.....................LANDLADY/RESPONDENT
RULING
The application dated 25th November 2020 seeks the following orders;
1. Spent.
2. That the Applicant/Landlord be allowed to break into and take possession of the suit premises through Mwangi Auctioneer.
3. That the OCS Embu Police Station to enforce the orders.
4. That the costs of the application be provided for.
The grounds upon which the application is based are stated on the face of the said application.
I have considered them alongside the supporting affidavit sworn by Dinkar Kumar R. Patel, the Landlord/Applicant. The application is not opposed and I am satisfied that the Tenant was properly served. In these circumstances, I make the following orders;
1. That the Landlord/Applicant is allowed to break into the suit premises and distress for rent to recover the outstanding rent using a licensed auctioneer.
2. That an inventory of all the distrained goods be taken by the auctioneer in the presence of the tribunal’s officer responsible for Embu, and filed with the Tribunal.
3. The Auctioneer shall render an account of the sale of the distrained goods with the Tribunal within seven (7) days of the sale of the distrained goods.
4. The Landlord shall have the costs of the application.
CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
Court:
Ruling dated, signed and delivered in virtually by Hon Cyprian Mugambi Nguthari this 4th day of June 2021 in the absence of the parties.
HON CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL