Noorally Hasham Rawjee v. Julius Kerenge, Civ. App. 2-M-68, Seaton J.

Noorally Hasham Rawjee v. Julius Kerenge, Civ. App. 2-M-68, Seaton J.

Defendant leased certain premises from plaintiff at a rent of Shs. 600/- per month. A few months after the lease was entered into, the parties orally agreed that the defendant should made and pay for certain repairs, for which he would be recompensed by deducting hald the rent every month until he had recovered the cost of the repairs. It is clear that defendant fell into arrears in the payment of rent, though the amount was hotly disputed in two different law suits, which have been consolidated for the purposes of this appeal. A dispute developed as to payment for the repairs. Defendant then stopped paying rent, whereupon the plaintiff ordered him to quit the premises, and cut off the utilities when defendant failed to do so. Both parties concede that defendant became a statutory tenant by virtue of the Rent Restriction Act, Cap. 479, before plaintiff served him with notice to quit the premises.

            Held: (1)”It is clear … that the court, before making an order for possession, even when there are arrears of rent due, must take into consideration the question of whether it is reasonable to make an order.” Cap. 479, sec. 19(2). Citing Bhimjani v. R. M. Patel (1957) E.A.L. R. 149]. The failure of the court below to consider this issue “must be considered to have been a misdirection.” (2) The Court then itself considered the reasonableness of eviction, noting that while the rent payments clearly were in arrears, “the purpose of the Rent Restriction Act is to provide a degree of security for tenants.” It was ordered that if the defendant paid the rent in arrears within 21 days, and if he filed in the District Court an undertaking to pay future rent as due, he could maintain possession. Also, plaintiff “shall be at liberty to apply to the District Court for an order for possession in the event of any breach by the appellant of his undertaking to pay the future rent of the premises ….”