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ELCAllowedMombasa BPRT Appeal arising from BPRT Case No. E152 of 2023 (Memorandum of Appeal dated 30th July 2024)· [2025] KEELC 7791 (KLR)

Muravvej v Ideal Locations Limited (Environment and Land Appeal E029 of 2024) [2025] KEELC 7791 (KLR)

High Court of Kenya (Environment and Land Court), Mombasa
13 November 2025
JOJ. O. Olola
3,034 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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A Kenyan court threw out a landlord's eviction notice after 12 years of invoicing showed rent was payable on invoice, not in advance.

What this practically means

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Executive summary

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This is a first appeal against the judgment of the Business Premises Rent Tribunal (Chair: Hon. Ndegwa Wahome) delivered on 17th July 2024 in Mombasa BPRT Case No. E152 of 2023, which dismissed the Tenant's Reference and upheld the Landlord's Notice of Termination of Tenancy dated 15th June 2023 on grounds of persistent irregular rent payment, default exceeding two months, and unpaid water and electricity charges. The Appellant, a Tenant of over 12 years' standing on LR. Nos. 14407 and 16088, Mainland North, Mombasa, contended that rent was payable upon invoice rather than in advance, that he had overpaid illegally increased rent, and that the Landlord kept no rent book. Guided by Section 78 of the Civil Procedure Act and the Selle principles, the court re-evaluated the evidence. It found that no invoice remained unpaid two months after its due date, that the parties' settled practice was invoicing followed by payment, and that the Landlord never protested delays or demanded advance payment, rendering it estopped from alleging persistent delay. The court further noted the Landlord's failure to keep the rent book mandated by Section 3(3) of Cap 301 and the unclear authentication of its statement. Allowing the appeal, the court set aside the Tribunal's judgment in its entirety, set aside the termination notice, awarded the Respondent the costs of the Reference, and ordered each party to bear its own costs of the appeal.

Key legal issues

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01

Whether the Tenant defaulted in paying rent for two months after it fell due so as to justify termination under Section 7(1)(b) of Cap 301

Holding

No. Even assuming the invoice entry dates were the due dates, no invoice was paid more than two months after its due date, so the statutory ground of termination was not established.

Reasoning

The court re-evaluated the Respondent's statement and invoices. The first three invoices of 2023 were paid with credits on 3rd March 2023, and the April-June 2023 rent of Kshs. 457,207 plus utilities of Kshs. 71,625 was paid on 21st June 2023. On no assumption did any invoice remain unpaid two months after its due date, so the Tribunal's finding of default under Section 7(1)(b) was unsupportable.

p. 6
02

Whether the implied term that rent is payable in advance applied notwithstanding the parties' course of dealing

Holding

No. The established practice over more than 12 years was invoicing followed by payment, and the Landlord never protested or demanded payment in advance, so it was estopped from insisting on the implied term.

Reasoning

The Landlord's own witness confirmed the Tenant paid upon receipt of invoices, and the Tenant's accountant testified he could only pay upon invoice. The Landlord adduced no complaint or correspondence objecting to the payment mode. Having induced and accepted that practice, the Landlord could not fairly assert a right to payment in advance; the accusation of persistent delay was without basis.

p. 6
03

Effect of the Landlord's failure to keep a rent book as required by Section 3(3) of Cap 301

Holding

The Landlord breached the mandatory rent book requirement and relied on an unauthenticated statement whose mode of authentication before the Tribunal was unclear.

Reasoning

The court observed that the Respondent did not keep a rent book as Section 3(3) mandates, and instead relied on a statement on its own letterhead which the Tribunal apparently accepted without clear authentication. This undermined the evidential foundation of the Tribunal's findings on arrears and default.

p. 5

Legal principles established

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  • On a first appeal, the court must evaluate and examine the Tribunal's record and evidence and arrive at its own conclusion, while making allowance for not having seen or heard the witnesses.
  • The doctrine of estoppel prevents a landlord who has consistently invoiced a tenant and accepted payment upon invoice from asserting that the tenant was in persistent delay of rent.
  • A landlord of a controlled tenancy is obliged to keep a rent book under Section 3(3) of Cap 301, and unauthenticated statements cannot substitute for it.

Court orders

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  1. 1.This Appeal is hereby allowed
  2. 2.The Judgment delivered on 17th July 2024 in Mombasa BPRT Case No. E152 of 2023 is set aside in its entirety
  3. 3.The Respondent's Notice of Termination of Tenancy dated 15th June 2023 is set aside
  4. 4.The Costs of the Reference in Mombasa BPRT Case No. E152 of 2023 shall be borne by the Respondent
  5. 5.Each party shall bear their own costs in regard to this Appeal

Authorities

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Legislation

  • Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301)Section 4; Section 4(2); Section 4(4); Section 3(3); Section 6; Section 7(1); Section 7(1)(b); Section 7(1)(c); clause VIII of the Schedule
  • Civil Procedure Act (Cap 21, Laws of Kenya)Section 78
  • Evidence ActSections 107 and 108
  • Regulations to the Landlord and Tenant (Shops, Hotels and Catering Establishments) ActRegulation 4(1)

Cases cited (1)

  • Selle & Another -vs- Associated Motor Boat Co. Ltd
    (1968) EA 123
On appeal from
Business Premises Rent Tribunal (BPRT), Mombasa
Mombasa BPRT Case No. E152 of 2023
Jurisdiction invoked
First appeal under Section 78 of the Civil Procedure Act (Cap 21) from the Business Premises Rent Tribunal under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Muravvej v Ideal Locations Limited (Environment and Land Appeal E029 of 2024) [2025] KEELC 7791 (KLR)", Case Analysis (2025). Mombasa BPRT Appeal arising from BPRT Case No. E152 of 2023 (Memorandum of Appeal dated 30th July 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7791/eng@2025-11-13

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.