Case ID:165135

David M Memreka t/a Mereka & Co Advocates v Ukulima Co-operative Savings & Credit Society [2019] eKLR

Case Metadata

Case Number:

Tribunal Case 89 of 2018

Parties:

David M Memreka t/a Mereka & Co Advocates v Ukulima Co-operative Savings & Credit Society

Date Delivered:

22 Nov 2019

Case Class:

Civil

Court:

Business Premises Rent Tribunal

Case Action:

Ruling

Judge(s):

MBICHI MBOROKI CHAIRMAN

Citation:

David M Memreka t/a Mereka & Co Advocates v Ukulima Co-operative Savings & Credit Society [2019] eKLR

Advocates:

Mr Mbaabu for the Landlord.

Court Division:

Tribunal

Parties Profile:

Individual/Private Body/Association v Individual/Private Body/Association

County:

Nairobi

Advocates:

Mr Mbaabu for the Landlord.

History Advocates:

One party or some parties represented

Case Outcome:

Suit ordered

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 89 OF 2018 NAIROBI

DAVID M. MEMREKA T/A

MEREKA & CO ADVOCATES................................TENANT/APPLICANT

VERSUS

UKULIMA CO-OPERATIVE

SAVINGS & CREDIT SOCIETY....................LANDLORD/RESPONDENT

RULING

The subject matter of this ruling is the Landlord’s bill of costs dated

28

th

March 2019

which was filed in the Tribunal on

29

th

March 2019

. The record of the Tribunal shows that the reference before the Tribunal was settled by consent. Under section 6 of Schedule 8 of the Advocate’s Remuneration Orders, the costs payable to the Landlord/Respondents are on the lower scale. There is no fees for getting up for trial which can be paid in the circumstances of this case.

The subject matter of this reference which was for rent assessment can be determined under

5(a) of the Advocate’s Remuneration Order

. Current rent payable by the Tenant

shs 78,300

.

Agreed Rent by Consent

shs 130,500/-.

Monthly difference

Shs 52,200

Annual difference rent

shs 626,000

First

shs 250,000

on lower scale

shs 22,500

2%

of the balance

376,400 ie 7,528.

Total instruction fees is

22,500

+ shs

7528

shs

30,028.

The receipts in respect of the court fees is

shs 46,980.00

It is in the court file.

The total amount taxed from the Landlord’s bill of costs is

shs 34,676

Total Payable

Shs 135,583.

Order

1. The Tribunal taxes the Landlord’s bill dated

28

th

March 2019

at

shs 135,583.

2. The Tenant shall pay the costs

within 60 days

from the date of being served with a certified copy of the order in default the Landlord shall recover the same by way of distress.

Ruling dated and delivered this

22

nd

day of

November 2019

in the presence of Kithinji holding brief for

Mr Mbaabu

for the

Landlord

. Advocate for the

Tenant

absent.

MBICHI MBOROKI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL