Case ID:180498

George Mugoye Mbeya t/a Mugoye & Associates Advocates v Board of Trustees of the National Social Security Fund [2021] eKLR

Case Metadata

Case Number:

Tribunal Case 255 of 2021

Parties:

George Mugoye Mbeya t/a Mugoye & Associates Advocates v Board of Trustees of the National Social Security Fund

Date Delivered:

12 May 2021

Case Class:

Civil

Court:

Business Premises Rent Tribunal

Case Action:

Ruling

Judge(s):

Hon Gakuhi Chege - Vice Chair Business Premises Rent Tribunal

Citation:

George Mugoye Mbeya t/a Mugoye & Associates Advocates v Board of Trustees of the National Social Security Fund [2021] eKLR

Court Division:

Tribunal

County:

Nairobi

Case Outcome:

Application allowed.

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 255 OF 2021 (NAIROBI)

GEORGE MUGOYE MBEYA T/A

MUGOYE & ASSOCIATES ADVOCATES.....................TENANT/APPLICANT

VERSUS

BOARD OF TRUSTEES OF THE

NATIONAL SOCIAL SECURITY FUND...AUCTIONEER/2

ND

RESPONDENT

RULING

The Tenant’s application dated

18

th

March 2021

in the main suit seeks orders;

1. That the Landlord/Auctioneers/Respondent’s either by themselves, their servants and/or agents be restrained in any manner interfering with the Tenant’s tenancy, occupation and enjoyment of the suit premises pending the hearing and determination of the application.

The application is based on the grounds;

1. That the Landlord through the Auctioneer has proclaimed the Tenant’s goods for rent arrears.

2. The claimed rent arrears of

Kshs 1,439,714.00

is not due or owed.

3. The Landlord’s agents have failed to provide to the Tenant a statement of accounts.

4. That the Tenant only owes costs

334,549/-

payable quarterly and which is not due anyway.

5. That unless the orders are granted, the Tenant will suffer irreparable harm and damage and his application will be rendered nugatory.

The application is supported by the affidavit of George Mugote Mbeya. I have relied and considered the same. The Tenant’s application was properly served upon the Respondents. There is an affidavit of service sworn by one John Dennis Omondi. The Respondents have not filed any responses to the application, the same is unopposed.

In the premises, I proceed to allow the Tenant’s application dated

18

th

March 2021.

CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

RULING READ AND DELIVERED VIRTUALLY BY HON GAKUHI CHEGE THIS 12TH DAY OF MAY 2021 DAY IN THE ABSENCE OF THE PARTIES.

HON GAKUHI CHEGE

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL