Milkah Billah v Festus Kasuku Achila [2019] eKLR Case Summary

Court
Business Premises Rent Tribunal at Kisumu
Category
Civil
Judge(s)
Mbichi Mboroki (Chairman)
Judgment Date
July 05, 2019
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of Milkah Billah v Festus Kasuku Achila [2019] eKLR, highlighting key legal principles and judgments that shaped the outcome.

Case Brief: Milkah Billah v Festus Kasuku Achila [2019] eKLR

1. Case Information:
- Name of the Case: Milkah Billah v. Festus Kasuku Achila
- Case Number: Tribunal Case No. 85 of 2018 (Kisumu)
- Court: Business Premises Rent Tribunal
- Date Delivered: 5th July 2019
- Category of Law: Civil
- Judge(s): Mbichi Mboroki (Chairman)
- Country: Republic of Kenya

2. Questions Presented:
The primary legal issues before the Tribunal were whether the Landlord's notice to terminate the tenancy was valid and whether the Tenant had grounds to challenge the notice based on her tenancy rights.

3. Facts of the Case:
The parties involved in this case are the Tenant, Milkah Billah, and the Landlord, Festus Kasuku Achila. The Landlord issued a notice on 18th October 2018 to terminate the Tenant's tenancy effective 1st January 2019, citing the need to occupy the premises for his own use. The Tenant opposed this termination, leading to her filing a reference under Section 6 of Cap 301. The Tenant claimed she had a valid lease agreement and was unaware that the Landlord was also a tenant of the premises.

4. Procedural History:
Following the issuance of the termination notice, the Tenant filed a reference in the Tribunal. Both parties presented evidence, including affidavits and lease agreements. The Tribunal evaluated the evidence and the relevant provisions of Cap 301 to determine the validity of the Landlord's notice and the Tenant's rights.

5. Analysis:
- Rules: The Tribunal considered the provisions of Cap 301, particularly Section 7(1), which governs the termination of tenancies and the rights of tenants in controlled tenancies.
- Case Law: The Tribunal referenced prior cases, including BPRT 35/2018 and BPRT 43/2018, which involved similar disputes regarding tenancy rights and the legality of subletting. These cases established precedents concerning tenant protections and the jurisdiction of the Tribunal.
- Application: The Tribunal found that the Tenant was a protected tenant under a controlled tenancy agreement. However, it assessed the Landlord's genuine desire to occupy the premises and determined that the Landlord had sufficiently demonstrated the necessity for termination. The Tribunal concluded that the Landlord's notice was valid, and the Tenant was given a deadline to vacate the premises.

6. Conclusion:
The Tribunal ruled in favor of the Landlord, allowing the termination notice and ordering the Tenant to vacate the premises by 1st September 2019. The Landlord was ordered to refund the Tenant 50% of the goodwill paid and the deposit, contingent on the Tenant settling all rent obligations. This ruling emphasized the balance between a landlord's right to reclaim property and a tenant's rights under controlled tenancy laws.

7. Dissent:
There were no dissenting opinions recorded in this case.

8. Summary:
The Tribunal's decision in Milkah Billah v. Festus Kasuku Achila underscores the complexities of landlord-tenant relationships within the framework of Kenyan tenancy law. The ruling affirmed the Landlord's right to terminate the tenancy for personal use while also ensuring the Tenant received a partial refund of her goodwill and deposit. This case is significant as it illustrates the Tribunal's role in mediating disputes in controlled tenancies and the importance of adhering to statutory provisions in tenancy agreements.

Document Summary

Below is the summary preview of this document.

  • Milkah-Billah-v-Festus-Kasuku-Achila-[2019]-eKLR-Case-Summary_2184_0.jpg

This is the end of the summary preview.

Related Documents

View all summaries