Case ID:182241

Harrison Kyalo Musyimi v Rapahel Kamayu, Chairman Kilome Constituency Development Fund Committee & another [2021] eKLR

Case Metadata

Case Number:

Tribunal Case 765 of 2020 (Machakos)

Parties:

Harrison Kyalo Musyimi v Rapahel Kamayu, Chairman Kilome Constituency Development Fund Committee & Kilome Constituency Development Fund Committee

Date Delivered:

09 Sep 2021

Case Class:

Civil

Court:

Business Premises Rent Tribunal

Case Action:

Ruling

Judge(s):

Hon. A. Muma Vice Chairman

Citation:

Harrison Kyalo Musyimi v Rapahel Kamayu, Chairman Kilome Constituency Development Fund Committee & another [2021] eKLR

Court Division:

Tribunal

County:

Machakos

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 765 OF 2020 (MACHAKOS)

HARRISON KYALO MUSYIMI.............

LANDLORD/ RESPONDENT

VERSUS

RAPAHEL KAMAYU, CHAIRMAN KILOME

CONSTITUENCY DEVELOPMENT

FUND COMMITTEE

.........................................

TENANT/1

ST

APPLICANT

KILOME CONSTITUENCY

DEVELOPMENT FUND COMMITTEE........TENANT/2

nd

APPLICANT

RULING

A. Parties and their Representative

1. The Landlord/ Respondent, Harrison Kyalo Musyimi is the owner of plot no. 1626 trading as Sunrise Building situated at Malili Trading Centre within Konza city in Machakos County;

2. Learned Counsel Kitindio Musembi & Co. Advocates represents the Landlord in this reference.

bmkitindioadvocates@gmail.com

.

3. The 1

st

Respondent Raphael Kamayu, Chairman Kilome Constituency Development Fund and the 2

nd

Respondent Kilome Constituency Development Fund allegedly leased the second floor and two offices on the ground floor of the Landlord’s premises;

4. Learned Counsel Felix Momanyi & Co. Advocates represents the Respondents.

felomomanyi@gmail.com

B. The dispute background

5. The genesis of the matter is that on

17

th

August 2020

, the Landlord filed a reference and a Notice of Motion Application before this Tribunal complaining of the tenant’s failure to pay rent for consecutive period of eight months leading to an accrual of arrears to the sum of

KShs. 936,695.00

despite several demands having been levied upon them.

6. In response, the Tenant filed a notice of preliminary objection on

12

th

January 2021

citing the Tribunal’s lack of jurisdiction to entertain the claim as well as the Application and subsequently filed submissions on the same.

7. On

17

th

August 2020

, however, the Landlord filed a notice to withdraw suit, which application was allowed on

4

th

March 2021,

subject to costs to the tenants to be assessed by the Tribunal upon application by the tenants

8. The Tenants filed a party-to-party bill of costs dated

22

nd

March 2021

which Bill is drawn to the sum of

KShs, 74,719.00.

The Landlord has filed submissions in response to the Bill dated

16

th

July 2021.

9. The only business remaining for this Tribunal to determine in relation to this matter is the quantum of costs to be awarded to the Tenants. Having taken note of the guiding principles of taxation, the Tribunal now proceeds to determine the computation of each item as follows;

ITEM

DATE

PARTICULARS

AMOUNT CHARGED

(APPLICANTS)

AMOUNT TAXED OFF (RESPONDENT)

AMOUNT TAXED OFF (TRIBUNAL)

1.

17/08/2020

Taking instructions to defend a claim in the Business Premises and Rent Tribunal of an alleged rent arrears of KShs. 936,695 owed to Harrison Kyalo Musyimi the Landlord of Sunrise Building within Malili Trading Centre in Konza Techno City, perusing the certificate of Urgency and other supporting documents, checking on the law of the Landlord and Tenants (Shops, Hotels and Catering Establishments Act, bearing in mind the complexity of the matter, time expended by the Advocate, the importance of the matters in question

50,000/=

10,000/=

50,000/=

2.

16/12/2020

Attending tribunal to file notice of appointment

1,400/=

500/=

1,400/=

3.

Service of the notice of appointment

1,435/=

Email 20/=

1,435/=

4.

Attending tribunal for hearing of the application dated 17/08/2020

4,000/=

1,400/=

4,000/=

5.

12/01/2021

Attending tribunal to file a notice of preliminary objection

1,400/=

500/=

1,400/=

6.

12/01/2021

Service of the Preliminary Objection

1,435/=

Email 20/=

1,435/=

7.

28/01/2021

Attending tribunal for hearing the notice of preliminary objection

2,100/=

1,400/=

2,100/=

8.

24/02/2021

Attending tribunal to file submissions

1,400/=

500/=

1,400/=

9.

04/03/2021

Attending tribunal to confirm filing of submissions

2,100/=

1,400/=

2,100/=

10.

04/03/2021

Attending tribunal to file bill o costs

1,200/=

500/=

1,200/=

11.

04/03/2021

Attending tribunal for hearing of the bill

2,100/=

1,000/=

2,100/=

DISBURSEMENTS

12.

Telephone, photocopies, postage, sundry

5,000/=

1,000/=

5,000/=

Grand total

74,719 /=

17,840-/=

73,570 /=

Bill of costs taxed at

74,719 /=

17,840-/=

73,570 /=

Particulars

1) Item 1- Instruction Fees:

As per the provisions of

Paragraph 7(2)(a) of Schedule 8

of the Advocates Remuneration Order

,

the instruction fees sought is not excessive and is within the reasonable bounds of the law. Amount taxed at

KShs. 50,000/=

2) Item 2-

Attendance to the registry:

Amount taxed is okay and in accordance to

Paragraph 8 (a) of Schedule 8

of the Advocates Remuneration Order, 2014

3) Item 3-

Service:

Amount taxed is okay and in tandem with

Paragraph 8 (8) of Schedule 8

of the Advocates Remuneration Order, 2014

4) Item 4-

Attendance for hearing:

Amount taxed is okay and in accordance to

Paragraph 8 (c)(i) of Schedule 8

of the Advocates Remuneration Order, 2014

5) Item 5-

Attendance to the registry:

Amount taxed is okay and in accordance to

Paragraph 8 (a) of Schedule 8

of the Advocates Remuneration Order, 2014

6) Item 6-

Service:

Amount taxed is allowed and in line with

Paragraph 8 (8) of Schedule 8

of the Advocates Remuneration Order, 2014

7) Item 7-

Attendance for hearing:

Amount taxed is okay and in accordance to

Paragraph 8 (c)(ii) of Schedule 8

of the Advocates Remuneration Order, 2014

8) Item 8-

Attendance to the registry:

Amount taxed is okay and in accordance to

Paragraph 8 (a) of Schedule 8

of the Advocates Remuneration Order, 2014.

9) Item 9-

Attendance for mention for compliance:

Amount taxed is okay and in accordance to

Paragraph 8 (c)(ii) of Schedule 8

of the Advocates Remuneration Order, 2014

10) Item 10-

Attendance to the registry:

Amount taxed is okay and in accordance to

Paragraph 8 (a) of Schedule 8

of the Advocates Remuneration Order, 2014.

11) Item 11-

Attendance for hearing:

Amount taxed is okay and in accordance to

Paragraph 8 (c)(ii) of Schedule 8

of the Advocates Remuneration Order, 2014

12) Item 11-

Attendance for hearing:

Amount taxed is okay and in accordance to

Paragraph 8 (c)(ii) of Schedule 8

of the Advocates Remuneration Order, 2014

10. Based on these provisions of the Law, and having considered the Landlord’s submission, it is the conclusion of this Tribunal that the Bill of Costs have been drawn within the reasonable confines of the Law.

11. Based on the foregoing, the Tenants’ Bill of Costs dated

22

nd

March 2021

is taxed at

KShs. 73,570 (Kenya Shillings Seventy-Three Thousand, Five Hundred and Seventy)

12.

ORDERS

For the reasons given above I ORDER as follows that:

1. The Tribunal taxes the Tenant’s bill dated

22

nd

March 2021

at

KShs. 73,570 (Kenya Shillings Seventy-Three Thousand, Five Hundred and Seventy).

2. The Landlord shall pay the costs within

30 days

from the date of being served with a certified copy of the order in default the Tenant shall recover the same from rent and/or execute.

a) Tenant can offset from the rent of

December 2019

.

HON. ANDREW MUMA

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL

RULING DATED, SIGNED AND DELIVERED VIRTUALLY BY HON A. MUMA THIS 9TH SEPTEMBER 2021 IN THE PRESENCE OF THE COUNSEL FOR THE TENANT.

HON. A. MUMA

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL