REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CORAM: D. S. MAJANJA J. CIVIL SUIT NO. 9 OF 2018 BETWEEN BETHWEL M. NYANDIGISI.....................................................PLAINTIFF AND DATABEL INTERNATIONAL LTD.......................................DEFENDANT JUDGMENT The plaintiff is the landlord and owner of the premises known as KISII TOWN/BLOCK III/134 which comprises shops. One of the shops on the 2nd floor was leased to the defendant for the sum of Kshs. 12,000/= per month. According to the plaintiff, the defendant persistently failed to pay rent causing him to issue a notice of termination of the lease dated 26 th January 2018 to take effect on 1st June 2018. As the premises were controlled under the Landlord and Tenant (Shops Hotels and Catering Establishments Act (Chapter 301 of the Laws of Kenya), the defendant failed to file a reference to the Business Premises Rent Tribunal (“BPRT”). The plaintiff produced a letter from the BPRT dated 23rd April 2018 confirming that a reference or objection had not been filed by the tenant. The plaintiff also claimed that the defendant had failed to pay Kshs. 161,000/- outstanding rent as at the date of termination. When this suit was filed and the plaint and summons served on the defendant, it failed to file its defence. Despite service of the hearing notice of the formal proof today, neither the defendant nor its agents attended court. The totality of the material before me is that the plaintiff’s claim is not contested and his evidence uncontroverted. I therefore enter judgment for the plaintiff against the defendant as follows: (1) The defendant be and is hereby directed to vacate and deliver up the premises being the shop on 2 nd floor on the property known as KISII TOWN/BLOCK III/134 within fourteen (14) days from service of the decree herein and in default the plaintiff be at liberty to proceed with eviction. (2) Judgment be and is hereby entered for the plaintiff against the defendant for Kshs. 161,000/=. (3) The plaintiff is awarded costs of this suit assessed at Kshs. 30,000/= inclusive of filing fees. (4) Interest on (2) and (3) above shall accrue at court rates from the date hereof. DATED and DELIVERED at KISII this 18thday of March 2019. D.S MAJANJA JUDGE Mr. K. Onyancha instructed by Koina Onyacha and Company Advocates for the Plaintiff.
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.