Case ID:180377

Parties: None

Date Delivered: None

Case Type: None

Court: None

Judges: None

Citation: None


Nicholas Nganga Waiyaki t/a Migingo Hotel v Esther Njeri Kagunda & another [2021] eKLR

Case Metadata

Case Number:

Tribunal Case E158 of 2021

Parties:

Nicholas Nganga Waiyaki t/a Migingo Hotel v Esther Njeri Kagunda & Eunice Wanjiru Mwaria

Date Delivered:

04 Aug 2021

Case Class:

Civil

Court:

Business Premises Rent Tribunal

Case Action:

Ruling

Judge(s):

HON. CYPRIAN MUGAMBI NGUTHARI CHAIRMAN

Citation:

Nicholas Nganga Waiyaki t/a Migingo Hotel v Esther Njeri Kagunda & another [2021] eKLR

Court Division:

Tribunal

Parties Profile:

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

County:

Nairobi

Case Outcome:

Application fixed for hearing

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 E158 OF 2021 (NAIROBI)

NICHOLAS NGANGA WAIYAKI T/A

MIGINGO HOTEL.....................................................................TENANT/APPLICANT

VERSUS

ESTHER NJERI KAGUNDA..................................LANDLORD/1

ST

RESPONDENT

EUNICE WANJIRU MWARIA..............................LANDLORD/2

ND

RESPONDENT

RULING

The application dated

28

th

May 2021

came up for

inter partes

hearing on

16

th

June 2021.

On the said date, Mr Mbugua counsel for the Applicant informed the court that;

“We have served the Respondent. An affidavit of service is on record. There is no response. We pray that our application dated

28

th

May 2021

be allowed.”

I have since perused the affidavit of service in the matter filed/sworn by one Stephen M. Wanjiru on

14

th

June 2021.

The deponent states that the Respondents requested that he effects service upon them via whatsapp and which he did as per the averment at paragraph 4 of his said affidavit.

At paragraph 5 of the affidavit, the deponent states;

“That I do hereby return the affidavit with copies of the said documents and screen shots of the same herein attached.”

The only documents attached to the affidavit of service is the order issued on

31

st

May 2021.

There is no evidence that the other documents referred to at paragraph 2 of the affidavit were served upon the Respondents. Consequently, I am not satisfied that service in this matter was property effected. I therefore order that the Respondents be served afresh and a proper affidavit of service be filed thereafter.

I will extend the orders granted on

31

st

May 2021

and further order that the application dated

28

th

May 2021

be served for hearing on

25

th

August 2021

.

The application dated

31

st

May 2021

to be heard on

9

th

September 2021.

The Registry to serve parties.

Interim orders are extended.

HON. CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

Ruling read and delivered virtually by

Hon Cyprian Mugambi Nguthari

this

4

th

day of

August 2021

in the absence of the parties.

HON. CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

Meta Info:

{'Case Number:': 'Tribunal Case E158 of 2021', 'Parties:': 'Nicholas Nganga Waiyaki t/a Migingo Hotel v Esther Njeri Kagunda & Eunice Wanjiru Mwaria', 'Date Delivered:': '04 Aug 2021', 'Case Class:': 'Civil', 'Court:': 'Business Premises Rent Tribunal', 'Case Action:': 'Ruling', 'Judge(s):': 'HON. CYPRIAN MUGAMBI NGUTHARI CHAIRMAN', 'Citation:': 'Nicholas Nganga Waiyaki t/a Migingo Hotel v Esther Njeri Kagunda & another [2021] eKLR', 'Court Division:': 'Tribunal', 'Parties Profile:': 'Individual/Private Body/Association v Individual/Private Body/Association', 'County:': 'Nairobi', 'Case Outcome:': 'Application fixed for hearing', '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'}