[2021] KEBPRT 430 (KLR)
The Tribunal determined that, in the interests of substantive justice, the application dated 25th March 2020—seeking to set aside the orders confirming the landlord's notices for rent increment—was the main application requiring determination. The Tribunal found that the parties and the Tribunal itself had...
Source-derived case information.
- Citation
- [2021] KEBPRT 430 (KLR)
- Parties
- Applicant: Adan Eden; Applicant: Abubakar Sharif; Applicant: Mrs Habib Adan; Applicant: Mrs Halima Adow; Applicant: Adow Isaack; Respondent: Dominic Ntongai
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 18 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- Application dated 25th March 2020 to be fixed for mention for directions; no final determination on merits at this stage.
- Legal Topics
- Rent Increament Disputes, Setting Aside Orders, Business Premises Tenancy, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Adan Eden
Applicant
Abubakar Sharif
Applicant
Mrs Habib Adan
Applicant
Mrs Halima Adow
Applicant
Adow Isaack
Applicant
Dominic Ntongai
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the application dated 25th March 2020 seeking to set aside the orders confirming rent increment should be heard as the main application.
- 2 Whether the Tribunal should fix the application dated 25th March 2020 for mention and directions to ensure substantive justice.
Ratio Decidendi
The Tribunal determined that, in the interests of substantive justice, the application dated 25th March 2020—seeking to set aside the orders confirming the landlord's notices for rent increment—was the main application requiring determination. The Tribunal found that the parties and the Tribunal itself had erroneously proceeded on the basis that the application dated 8th June 2020 was the main application. To rectify this and ensure that the tenants' substantive grievances were addressed, the Tribunal ordered that the application dated 25th March 2020 be urgently fixed for mention for directions. This approach was necessary to ensure that the parties' rights were properly adjudicated and...
Court Disposition
Application dated 25th March 2020 to be fixed for mention for directions; no final determination on merits at this stage.
Orders
- The application dated 25th March 2020 is to be urgently fixed for mention for directions on a date convenient to the parties.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO 18 OF 2020 (MERU)
ADAN EDEN.........................................................................TENANT/APPLICANT
ABUBAKAR SHARIF..........................................................TENANT/APPLICANT
MRS HABIB ADAN.............................................................TENANT/APPLICANT
MRS HALIMA ADOW........................................................TENANT/APPLICANT
ADOW ISAACK..................................................................TENANT/APPLICANT
VERSUS
DOMINIC NTONGAI.............................................LANDLORD/RESPONDENT
RULING
On 20th May 2021, the Tenant’s application dated 8th June 2020 was scheduled for ruling on 18th June 2021. I have since perused the record of the Tribunal and do note the following;
1. That the Landlord’s notice of motion dated 25th February 2020 seeking confirmation of the notices for the increament of rent was allowed on terms of the orders issued by the Tribunal on 26th February 2020.
2. That on 25th March 2020, Adow Isaack the 5th Respondent filed an application seeking to set aside the orders issued by the Tribunal on 26th February 2020. The application was brought on behalf of the Tenants and on behalf of the 5th Tenant/Respondent.
3. That on 26th March 2020, the Tenant’s application dated 26th March 2020 was certified as urgent and ordered to be served for hearing on 22nd May 2020 at the Meru Law Courts.
4. There does not seem to have been any appearance or proceedings on 22nd May 2020.
5. That on 8th June 2020, the Tenants filed the notice of motion of even date and orders were issued in terms of prayer 1 and 2 of the said motion. The application was fixed for hearing on 3rd July 2020 when no action seems to have been taken.
6. On 22nd March 2021 a hearing date for 23rd March 2021 was scheduled where it was agreed that the application dated 8th June 2020 would proceed by way of written submissions.
The parties and the Tribunal seem to have proceeded on the notion that the application dated 8th June 2020 was the main application for hearing.
However, a careful reading of ground (a) of the motion dated 8th June 2020 would indicate that the main motion is the one dated 25th March 2020 (not 25th May 2020) it is the one seeking to set aside the orders confirming the notices for the increament of rent.
In order to do substantive justice to the parties herein, I do order that the application dated 25th March 2020 be urgently fixed for mention for directions on a date convenient to the parties.
CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
Court:
RULING DATED, SIGNED AND DELIVERED VIRTUALLY BY HON GAKUHI CHEGE THIS 18TH DAY OF JUNE 2021in the presence of Kinyua for the Landlord/Respondent and in the absence of the Applicant.
HON GAKUHI CHEGE
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL