Nduiga v Muiru (Tribunal Case E048 of 2024) [2024] KEBPRT 1810 (KLR) (Environment and Land) (20 December 2024) (Ruling)
Neutral citation:
[2024] KEBPRT 1810 (KLR)
Republic of Kenya
Tribunal Case E048 of 2024
CN Mugambi, Chair
December 20, 2024
Between
John Paul Nduiga
Tenant
and
Margaret Njeri Muiru
Landlord
Ruling
1.The Landlord’s Application dated 15.11.2024 seeks orders that the Landlord’s appointed auctioneers, M/S Direct ‘O’ Auctioneers be allowed to carry out the eviction of the Tenant from the suit premises, Njoro/Ngata Block 1/4854 (New kiambu) in compliance with the Tribunal’s orders granted on 26.8.2024. The Landlord has further sought an order that the OCS, Menengai police station do provide security to M/S Direct ‘O’ Auctioneers during the eviction.
2.The Application is supported by the affidavit of the Landlord/Applicant wherein she has deponed that the Tenant has refused/failed to comply with the court orders requiring him to vacate the premises on or before 31.10.2024.
3.The Applicant in her affidavit depones that the appointed Auctioneer requires adequate security to undertake the eviction exercise.
4.The Respondent in his Replying affidavit has deponed that there is now in force an agreement between himself and one Ms. Emma Wanjiku Njuguna over the suit premises and the orders of the Tribunal have been overtaken by events and the jurisdiction of the Tribunal has been ousted.
5.The Respondent has further deponed that Ms. Emma Mary Wanjiku is the legal representative of the Estate of the late Joseph Muchomba Muiru who was a joint proprietor of the demised premises and therefore the said Ms. Emma has the capacity to manage the affairs of the Estate of the said deceased.
6.The Respondent has further deponed that he has heavily invested in the suit premises and stands to suffer irreparable loss if the orders sought are granted.
7.I must point out from the very beginning that this matter is not and cannot be re-litigated before the Tribunal. I understand the Applicant to be seeking an order that will make the enforcement of the judgment and orders of the Tribunal effective. That prayer does not re-open any of the issues already determined by the court and its grant would not in any way affect the findings and conclusions earlier arrived at.
8.The issue of the lease agreement between the Respondent and Ms. Emma Wanjiku Njuguna was dealt with in the Tribunal’s Ruling of 26.8.2024 and if the Respondent was not satisfied by the findings and conclusions therein, he is still at liberty to appeal against the same and/or seek a review of the same.
9.In the Ruling delivered on 26.8.2024, the court dismissed the Reference by the Tenant, approved the Landlord’s notice and ordered the Tenant to vacate the suit premises on or before 31.10.2024 failing which the Landlord would be at liberty to evict the Tenant. The Landlord in the instant Application seeks no more than an order that would effect the court orders that the Tenant has now declined to obey. In the circumstances, I do find merit in the Landlord’s Application and proceed to allow the same as drawn.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 20TH DAY OF DECEMBER 2024.HON. CYPRIAN MUGAMBI - CHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Mr. Mwalo for the Landlord and in the absence of the Tenant and Counsel