Jasper Ndeke v Julius Maina [2021] KEBPRT 434 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO 320 OF 2021 (NAIROBI)

JASPER NDEKE...........LANDLORD/APPLICANT

VERSUS

JULIUS MAINA..............TENANT/RESPONDENT

RULING

The Landlord’s notice of motion application dated 12^th April 2021 seeks the following orders;

1. Spent.

2. That the Applicant/Landlord be allowed to break into the business premises and gain access with the supervision of the OCS Kamukunji Police Station.

3. That the Landlord/Applicant be and is hereby allowed to sell any distrainable goods if any found in the Tenant’s premises to recover rent arrears through an appointed auctioneer.

4. Costs.

The application is supported by the affidavit of Jasper Ndeke the Landlord and I summarize the same as follows;

1. That the Respondent is the Applicant’s Tenant paying a monthly rent of Kshs 7,000/-.

2. That the Tenant deserted the suit premises on or about September 2020 and has not been paying rent to date.

3. That the demised premises is now dilapidated.

4. That the Applicant cannot trace the whereabouts of the Tenant.

5. That the Applicant/Landlord continues to suffer as he is not receiving any rent from the premises.

The Tenant/Respondent herein has not opposed the application.  When this matter came up for hearing on 19^th May 2021, the Landlord indicated that the Landlord had served the Tenant and filed an affidavit of service.  I have seen the affidavit of service filed in court by Albert Nderitu.  In it, he states that since the Tenant’s premises were closed, he pasted the order, application under certificate of urgency, notice of motion and complaint on the Tenant’s door. 

In the circumstances of this case, I do find service to have been proper.  I do therefore allow the Landlord’s application in terms of prayer 2, 3 and 4 of the application dated 12^th April 2021.

In addition, the Landlord shall upon sale of an of the Tenant’s goods found inside the premises, and within seven days of such sale, render an account of the sale of any such goods to the tribunal.  The inventory of the goods to be witnessed by the OCS Kamukunji Police Station or his representative.

CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

Court:

RULING DATED, SIGNED AND DELIVERED VIRTUALLY BY HON GAKUHI CHEGE THIS 2^ND DAY OF JUNE 2021 IN THE ABSENCE OF THE PARTIES.

HON GAKUHI CHEGE

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL