James Njoroge Njuguna t/a J.N. Njuguna & Co Advocates National Bank of Kenya Ltd & another [2020] eKLR Case Summary

Court
Business Premises Rent Tribunal at Nairobi
Category
Civil
Judge(s)
Mbichi Mboroki, Chairman
Judgment Date
February 21, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of James Njoroge Njuguna t/a J.N. Njuguna & Co Advocates vs. National Bank of Kenya Ltd & another [2020] eKLR, detailing key legal principles and judicial outcomes.

Case Brief: James Njoroge Njuguna t/a J.N. Njuguna & Co Advocates National Bank of Kenya Ltd & another [2020] eKLR

1. Case Information:
- Name of the Case: James Njoroge Njuguna T/A J.N. Njuguna & Co Advocates v. National Bank of Kenya Ltd & Sedco Consultants Limited
- Case Number: Tribunal Case No. 83 of 2019
- Court: Business Premises Rent Tribunal, Nairobi, Kenya
- Date Delivered: 21st February 2020
- Category of Law: Civil
- Judge(s): Mbichi Mboroki, Chairman
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the tribunal include whether the tenant is in arrears of rent and service charge, and the legality of the landlord's actions to levy distress for the recovery of alleged outstanding amounts.

3. Facts of the Case:
The applicant, James Njoroge Njuguna, operating as J.N. Njuguna & Co Advocates, filed a reference against the landlord, National Bank of Kenya Ltd, and the agents, Sedco Consultants Limited, on 11th September 2019. The tenant sought to restrain the landlord and their agents, specifically Desire Recovery Auctioneers, from levying distress to recover an amount of Ksh 1,111,980, which was claimed as outstanding rent and service charge. The tenant denied being in arrears, leading to the filing of the motion and subsequent hearings.

4. Procedural History:
Following the filing of the reference and motion on 11th September 2019, the tribunal issued interim orders on 12th September 2019 to maintain the status quo. The landlord filed a comprehensive replying affidavit on 7th October 2019, to which the tenant responded with a supplementary affidavit on 29th October 2019. Written submissions and authorities were exchanged, leading to the tribunal's decision on 21st February 2020.

5. Analysis:
- Rules: The tribunal considered the Distress for Rent Act (Cap 293) and the provisions of the Business Premises Rent Tribunal Act (Cap 301), particularly noting that landlords have the right to levy distress for rent arrears without seeking prior leave from the tribunal in controlled tenancies.
- Case Law: The tribunal referenced previous cases that established the rights of landlords under the Distress for Rent Act, affirming that controlled tenancies allow landlords certain rights regarding the recovery of rent arrears.
- Application: The tribunal evaluated the evidence presented, concluding that the tenancy was indeed a controlled tenancy and that the landlord had not produced a current lease executed for over five years. The tribunal determined that the tenant had established a prima facie case with a probability of success, leading to the granting of the tenant's application for interim relief.

6. Conclusion:
The tribunal ruled in favor of the tenant, allowing the application to restrain the landlord from levying distress while requiring the tenant to continue paying undisputed rent. The tribunal ordered that the reference be heard within 90 days, emphasizing the need for oral evidence to resolve the disputes effectively.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The case of James Njoroge Njuguna v. National Bank of Kenya Ltd and Sedco Consultants Limited highlights the legal intricacies surrounding controlled tenancies and the rights of landlords to recover rent. The tribunal's ruling underscores the importance of due process in rent disputes and the necessity for oral evidence in resolving such conflicts. The outcome reinforces the tenant's protection against potentially unlawful distress actions by landlords while ensuring that undisputed rent payments continue during the adjudication process.

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