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