Wamaye Hiuju v Superdrug Pharmacy Limited [2020] eKLR Case Summary

Court
Business Premises Rent Tribunal at Nairobi
Category
Civil
Judge(s)
Mbichi Mboroki, Chairman
Judgment Date
September 20, 2019
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Wamaye Hiuju v Superdrug Pharmacy Limited [2020] eKLR, highlighting key legal principles and implications in this important judgment.

Case Brief: Wamaye Hiuju v Superdrug Pharmacy Limited [2020] eKLR

1. Case Information:
- Name of the Case: Wamaye Hiuju vs. Superdrug Pharmacy Limited
- Case Number: Tribunal Case No. 93 of 2018
- Court: Business Premises Rent Tribunal, Nairobi
- Date Delivered: 20th September 2019
- Category of Law: Civil
- Judge(s): Mbichi Mboroki, Chairman
- Country: Kenya

2. Questions Presented:
The central legal issues to be resolved by the court include:
- Whether the termination of the tenancy by the landlord complied with the statutory requirements outlined in section 4(2) of Cap 301.
- Whether the landlord had the right to levy distress for the alleged arrears of rent, given the disputes surrounding the payment.

3. Facts of the Case:
The parties involved are Wamaye Hiuj (the Tenant) and Superdrug Pharmacy Limited (the Landlord). The Tenant filed a complaint on 31st January 2018, alleging that the Landlord was attempting to evict him without adhering to the statutory requirements for termination of tenancy as set out in Cap 301. Furthermore, the Tenant claimed that the Landlord had engaged auctioneers to levy distress despite there being no rent due or in dispute. The Landlord had issued a notice of termination on 28th December 2017, which the Tenant contended was defective.

4. Procedural History:
The Tribunal initially issued ex-parte orders on 31st January 2018 in favor of the Tenant. Subsequently, on 5th February 2018, the Landlord's advocate filed a notice of motion seeking to set aside the Tribunal's order. Both parties submitted written arguments, and the Tribunal considered these submissions in its ruling.

5. Analysis:
- Rules: The court examined the relevant statutes, particularly section 4(2) of Cap 301, which governs the termination of tenancies, and section 3 of the Distress for Rent Act (Cap 293), which outlines the landlord's rights to levy distress.
- Case Law: The Tribunal referenced previous rulings that underscored the importance of compliance with statutory requirements for tenancy termination and the landlord's rights concerning rent arrears. These cases established the precedent that a defective termination notice could be challenged in the Tribunal.
- Application: The Tribunal determined that the Landlord's notice of termination was defective and did not comply with section 4(2) of Cap 301, thus the Tenant was justified in challenging the eviction. However, the Tribunal acknowledged that the Tenant admitted to having arrears for December 2017 and January 2018, allowing the Landlord the right to levy distress for the outstanding rent.

6. Conclusion:
The Tribunal ruled that the Landlord's notice of termination was invalid, thereby restraining the Landlord from evicting the Tenant. However, the Tribunal permitted the Landlord to levy distress to recover the arrears, provided that proper application was made to the Tribunal. This ruling emphasizes the necessity for landlords to adhere to statutory procedures in tenancy termination while also recognizing their rights to recover unpaid rent.

7. Dissent:
There were no dissenting opinions noted in the ruling, as the decision was made by the Chairman alone, and the Tenant's advocate was absent during the delivery of the ruling.

8. Summary:
The Tribunal's ruling in Wamaye Hiuj vs. Superdrug Pharmacy Limited highlights the critical importance of compliance with statutory requirements in tenancy law. While the Landlord's attempt to evict the Tenant was thwarted due to procedural defects, the ruling also affirmed the Landlord's right to recover rent arrears through distress, thus balancing the interests of both parties. This case serves as a significant precedent for future disputes regarding tenancy termination and the rights of landlords in Kenya.

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