Case ID:165075
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Prince Kinyua Gathuita t/a Talcom Communication v Gatakaini Investment Limited [2020] eKLR
Case Metadata
Case Number:
Tribunal Case 350 of 2015
Parties:
Prince Kinyua Gathuita t/a Talcom Communication v Gatakaini Investment Limited
Date Delivered:
26 May 2020
Case Class:
Civil
Court:
Business Premises Rent Tribunal
Case Action:
Ruling
Judge(s):
MBICHI MBOROKI CHAIRMAN
Citation:
Prince Kinyua Gathuita t/a Talcom Communication v Gatakaini Investment Limited [2020] eKLR
Advocates:
Agina for the Landlord. Tenant’s advocate
Court Division:
Tribunal
County:
Nairobi
Advocates:
Agina for the Landlord. Tenant’s advocate
History Advocates:
One party or some parties represented
Case Outcome:
Application dismissed
Disclaimer:
The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO 350 OF 2015 (NAIROBI)
PRINCE KINYUA GATHUITA T/A
TALCOM COMMUNICATION..............................................TENANT/APPLICANT
VERSUS
GATAKAINI INVESTMENT LIMITED....................LANDLORD/RESPONDENT
RULING:
The Tenant/Applicant by the notice of motion dated
11
th
February 2019
is seeking the following substantive orders;
1.
Prayer 2:
That pending the interpartes hearing the honourable Tribunal do issue an order of stay against the orders made by the Chairman on
18
th
December 2018,
28
th
November 2018
and all other consequential orders included.
2. That the honourable Tribunal do vary, set aside the aforesaid orders and all orders consequential to the same.”
The advocates of the parties have filed written submissions which the Tribunal has read in details. The record of the Tribunal in respect of
BPRT 350 of 2015
shows the following;
1. On
27
th
September 2018
, the advocates of the parties by consent fixed the reference for hearing on
20
th
November 2018.
2. That on
20
th
November 2018
the advocate for the Landlord was not present and the Tribunal proceeded to take evidence from the valuer of the Tenant.
3.
BPRT 350/2015
is dealing with the issue of rent assessment.
4. There are no substantive orders made by the Tribunal on
18
th
December 2018
and
28
th
November 2018
in
BPRT 350/2015
which are capable of being set aside.
5. If the Landlord is aggrieved with the orders issued in
BPRT 1001 of 2018
it should file appropriate application in the said file.
All in all the Tribunal is satisfied that the Landlord’s application in this matter is misconceived. The advocate for the Landlord should have perused the proceedings in
BPRT 350/2015
and
BPRT 1001 of 2018.
This matter has been pending in the Tribunal for a long time because of the failure of the advocates for the Landlord to appreciate the issue in dispute before the Tribunal.
In the interest of justice and to expedite the hearing and disposal of this reference in
BPRT 350/2015
the Tribunal makes the following orders;
1. The Landlord’s application dated
11
th
February 2019
has no merit and the same is hereby dismissed with costs of
shs 25,000
to the Tenant.
2. The Tenant shall deduct the costs from the rent due to the Landlord.
3. The orders of the Tribunal issued on
20
th
November 2018
are varied by the Tribunal on its own motion in the following manner.
a. The Tenant shall recall the valuer Sylvester Ndungu Njonde for cross-examination by the Advocate for the Landlord.
b. The Landlord shall call its valuer to give evidence before the Tribunal.
c. The parties shall fix the hearing date of the reference within
30 days
from the date of delivery of this ruling.
Ruling
dated and delivered this
26
th
day of
May 2020
in the presence of
Mr Kamau
holding brief for
Agina
for the
Landlord
.
Tenant’s
advocate absent.
MBICHI MBOROKI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL