[2021] KEBPRT 173 (KLR)
The tribunal determined that the issues in this case are on all fours with those in Nairobi BPRT E171/2021. Therefore, the ruling and orders made in Nairobi BPRT E171/2021 are applicable to this matter mutatis mutandis. The tribunal directed that a copy of the said ruling be placed on the record for completeness,...
Source-derived case information.
- Citation
- [2021] KEBPRT 173 (KLR)
- Parties
- Applicant: Benson Mbaisi t/a Lunao Enterprises; Respondent: Meru Central Coffee Co-operative Union Limited
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E165 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Ruling and orders in Nairobi BPRT E171/2021 to apply mutatis mutandis to this case.
- Legal Topics
- Business Premises Rent, Landlord Tenant Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Mbaisi t/a Lunao Enterprises
Applicant
Meru Central Coffee Co-operative Union Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the issues in this matter are identical to those in Nairobi BPRT E171/2021 and whether the ruling in that case should apply to this case.
Ratio Decidendi
The tribunal determined that the issues in this case are on all fours with those in Nairobi BPRT E171/2021. Therefore, the ruling and orders made in Nairobi BPRT E171/2021 are applicable to this matter mutatis mutandis. The tribunal directed that a copy of the said ruling be placed on the record for completeness, ensuring consistency and judicial economy in the handling of similar disputes.
Court Disposition
Ruling and orders in Nairobi BPRT E171/2021 to apply mutatis mutandis to this case.
Orders
- The ruling and orders in Nairobi BPRT No. E171/2021 delivered on 14th October 2021 shall apply mutatis mutandis to this case.
- A copy of the said ruling shall be printed and placed in this file for completeness of record.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
VIEW PARK TOWERS 7TH & 8TH FLOOR
TRIBUNAL CASE NO. E165 OF 2021 (NAIROBI)
BENSON MBAISI t/a
LUNAO ENTERPRISES..............................................APPLICANT/TENANT
VERSUS
MERU CENTRAL COFFEE
CO-OPERATIVE UNION LIMITED..............RESPONDENT/LANDLORD
RULING
1. Although the Applicant/Tenant herein is different from the one in Nairobi BPRT E171/2021, the issues raised by the parties in both matters are similar on all fours in both matters.
2. As such the ruling in Nairobi BPRT No. E171/2021 delivered today shall apply “mutatis mutandis”to this case as well as the orders made therein.
3. A copy of the said ruling shall be printed and placed in this file for completeness of record.
DATED, SIGNED AND DELIVERED THIS 14TH DAY OF OCTOBER 2021 VIRTUALLY.
HON. GAKUHI CHEGE
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL
14/10/2021
In the presence of:-
Achilla for the Applicant/Tenant
Miss Kiiru holding brief for the Landlord