Juma - Injunction - BBRT

REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL AT NAIROBI

REFERENCE BY LANDLORD OR TENANT TO TRIBUNAL
(Section 12(4) of the Landlord and Tenant (Shops, Hotels and

Catering Establishment) Act (Cap 301)
IN THE TRIBUNAL
AT BUNGOMA
TRIBUNAL CASE NO……………OF 2020
I, BERNARD JUMA………………………..………….………..the Tenant/Landlord

Of P.O. Box 5623-00100, Nairobi in the Republic of Kenya.................................In accordance
with the provisions of section 12(4) of the Landlord and Tenant (Shops, Hotels and Catering
Establishments) Act (Cap. 301) do hereby refer to the Tribunal a complaint relating to MS
GEDMARK POINT ENTERPRISES AND MS ESHIKHONI AUCTIONEERS, care of P.O.
Box 2330
BUNGOMA…………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………….. The complaint concerns the Tenant/Landlord in
That he/she MS GEDMARK POINT ENTERPRISES AND MS ESHIKHONI AUCTIONEERS
HAVE BY WAY OF WRITTEN AND VERBAL NOTICES THREATENED TO LEVY FOR
DISTRESS OVER IMAGINERY AND UNKNOWN RENT ARREARS AND UNLESS
STOPPED BY THIS HONOURABLE TRIBUNAL THE TENANT STANDS TO SUFFER
IRREPARABLE DAMAGES.
………………………………………………………………………………………………………
…………………………….
(State reasons briefly)

Signed………………………………
Tenant/Landlord
Dated this 14th day of May 2020

GPK 5212-8M-5/2009
DRAWN AND FILED BY:

BERNARD JUMA,
P.O.BOX 5623-00100,
Nairobi.
TO BE SERVED UPON
1. PATRICK WAMALWA,
2. GEDMARK POINT ENTERPRISES
3. ESHIKHONI AUCTIONEERS
BUNGOMA
REPUBLIC OF KENYA
IN THE BUSINESS PREMISES RENT TRIBUNAL AT NAIROBI
BERNARD JUMA……………………………………………………………
APPLICANT/TENANT
VERSUS
PATRICK WAMALWA..…………………………………………1ST
RESPONDENT/LANDLORD
GEDNARK POINT ENTERPRISES…………………………………2ND RESPONDENT
ESHIHONI AUCTIONEERS………………………………………..3RD RESPONDENT
CERTIFICATE OF URGENCY
I, BERNARD JUMA of P.O.BOX 5623-00100, Nairobi, do hereby pray and certify that this
application is of utmost urgency and should be heard at the earliest possible moment that this
Honorable Tribunal may find convenient. The reason of the urgency is that the 2 nd and 3rd
Respondents have issued written and verbal notices to the Applicant/Tenant, threatening to him
over unknown rent arrears and this has caused the Plaintiff/Applicant to suffer psychological
trauma.
There is a grave danger that the Applicant will lose his income and clients and unless this
application is heard forthwith, the Applicant’s business shall be gravely threatened.
DATED at NAIROBI this 14th day of May 2020.
…………………...…………………
BERNARD JUMA
APPLICANT/TENANT
DRAWN AND FILED BY:

BERNARD JUMA,
P.O.BOX 5623-00100,
Nairobi.
TO BE SERVED UPON
1. PATRICK WAMALWA,
BUNGOMA
REPUBLIC OF KENYA
BERNARD JUMA……………………………………………………………
APPLICANT/TENANT
VERSUS
RESPONDENT/LANDLORD
NOTICE OF MOTION
Under Section 12 of the Landlord and Tenant (Shops, Hotels and Catering
Establishments) Act (Cap. 301) Laws of Kenya and all other enabling Provision of law.
TAKE NOTICE that the Honorable Court shall be moved on………………day of …………2020
at 9:00 O’clock in the forenoon or soon thereafter as the Applicant/Tenant may be heard on an
Application for ORDERS:
1. THAT service of this application be dispensed within the first instance and the matter be
certified as urgent.
2. THAT the Respondent be and is hereby restrained from auctioning, attaching, carting away
and/or in any other manner interfering with the Applicant’s business tools, stock and/or
fittings till the hearing of the matter interparties.
3. THAT the Respondents by themselves, their servants, employees and/or agents be

restrained from harassing the Applicant/Tenant and/or in any other manner interfering with
his tenancy pending the hearing of the application interparties.
4. THAT the O.C.S. Bungoma Police Station do ensure compliance of these orders.
5. THAT the cost of this application be borne by the Respondent.
WHICH APPLICATION is based on the following grounds and supported by the affidavit of
BERNARD JUMA and other grounds to be adduced at the hearing hereof:
1. THAT the 2nd and 3rd Respondents have been threatening to auction the Applicant’s
business tools.
2. THAT the Applicant is not in any binding agreement with the said Respondents.
3. THAT the Applicant does not owe the said Respondents any money as they are strangers to
him.
4. THAT the Applicant stands to suffer financial and psychological torture if 2nd and 3rd
Respondents are not restrained by this Honorable Tribunal.
DATED at NAIROBI this 14th day of May 2020.
…………………...…………………
BERNARD JUMA
APPLICANT/TENANT
DRAWN AND FILED BY:

BERNARD JUMA,
P.O.BOX 5623-00100,
Nairobi.
TO BE SERVED UPON
1. PATRICK WAMALWA,
BUNGOMA
NOTE: - “If any party served does not appear at the time and place above mentioned such orders
will be made and proceedings taken as the court shall deem just and expedient”
REPUBLIC OF KENYA
BERNARD JUMA……………………………………………………………
APPLICANT/TENANT
VERSUS
RESPONDENT/LANDLORD
SUPPORTING AFFIDAVIT
I, BERNARD JUMA of P.O.BOX 5623-00100, Nairobi in the Republic of Kenya do hereby
make oath and state as follows:-
1. THAT I am a male adult of sound mind and the Applicant/Tenant herein hence competent
to swear this affidavit.
2. THAT I have been a tenant in the 1st Respondent’s premises situated in Netima market in
Bungoma County.
3. THAT I run a food business making some confectionary foodstuff in the said premises.
4. THAT I have known the 1st Respondent as my only landlord to whom I have been paying
my rent.
5. THAT the 2nd and 3rd Respondents came from nowhere and started asking me for rent
arrears over unknown business entity.
6. THAT the 2nd and 3rd Respondents have served me written and verbal notices to proclaim
my business over the strange rent arrears.
7. THAT Ms Eshikhoni Auctioneers did give me a seven (7) days notice on 9/5/2020 to
auction me which is due to expire tomorrow Friday.
8. THAT the 2nd and 3rd Respondents are strangers to the Applicant and should therefore be
compelled to stop the unnecessary harassment.
9. THAT I swear this affidavit in support of my complaint filed herewith.
10. THAT what is deponed hereinabove is true to the best of my knowledge, information and
belief.
SWORN at NAIROBI by the said
RAPHAEL MUNJAL AGOLLA
This 14th day of May 2020.

BEFORE ME
____________________
DEPONENT/TENANT
MAGISTRATE/COMMISSIONER FOR OATHS

DRAWN AND FILED BY:
BERNARD JUMA,
P.O.BOX 5623-00100,
Nairobi.
TO BE SERVED UPON
1. PATRICK WAMALWA,
BUNGOMA
NOTE: - “If any party served does not appear at the time and place above mentioned such orders
will be made and proceedings taken as the court shall deem just and expedient”

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REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL AT NAIROBI

(Section 12(4) of the Landlord and Tenant (Shops, Hotels and

I, BERNARD JUMA………………………..………….………..the Tenant/Landlord

(State reasons briefly)

Dated this 14th day of May 2020

DRAWN AND FILED BY:

DATED at NAIROBI this 14th day of May 2020.

DRAWN AND FILED BY:

3. THAT the Respondents by themselves, their servants, employees and/or agents be

5. THAT the cost of this application be borne by the Respondent.

DATED at NAIROBI this 14th day of May 2020.

DRAWN AND FILED BY:

9. THAT I swear this affidavit in support of my complaint filed herewith.

SWORN at NAIROBI by the said

RAPHAEL MUNJAL AGOLLA

This 14th day of May 2020.

MAGISTRATE/COMMISSIONER FOR OATHS

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