[2021] KEBPRT 69 (KLR)
The Tribunal found that the applicant's application was unopposed, and the averments in the supporting affidavit were uncontroverted. There was no reason to doubt the applicant's assertions regarding the controlled nature of the tenancy and the threat of unlawful eviction and interference. In the absence of any...
Source-derived case information.
- Citation
- [2021] KEBPRT 69 (KLR)
- Parties
- Applicant: Dish Limited; Respondent: Michael Osundwa Sakwa t/a Osundwa & Co Advocates Ltd; Respondent: Multistage Investment Limited
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E218 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- Application allowed as prayed, with interim orders granted pending determination of the reference.
- Legal Topics
- Controlled Tenancy, Eviction Proceedings, Interlocutory Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dish Limited
Applicant
Michael Osundwa Sakwa t/a Osundwa & Co Advocates Ltd
Respondent
Multistage Investment Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the tenancy between the parties is a controlled tenancy under the relevant law.
- 2 Whether the applicant is entitled to interlocutory orders restraining eviction and interference with occupation pending determination of the reference.
Ratio Decidendi
The Tribunal found that the applicant's application was unopposed, and the averments in the supporting affidavit were uncontroverted. There was no reason to doubt the applicant's assertions regarding the controlled nature of the tenancy and the threat of unlawful eviction and interference. In the absence of any response from the respondents, the Tribunal accepted the applicant's case and granted the orders sought, specifically restraining the respondents from interfering with the applicant's occupation of the premises pending the hearing and determination of the reference. The Tribunal emphasized that the orders were granted on an interim basis, pending the substantive determination of...
Court Disposition
Application allowed as prayed, with interim orders granted pending determination of the reference.
Orders
- The tenancy is declared controlled.
- The respondents are temporarily prohibited and restrained from unlawfully evicting the applicant from LR No. 8734/27 Lavington, Nairobi pending hearing and determination of the application.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
VIEW PARK TOWERS 7TH & 8TH FLOOR
TRIBUNAL CASE NO. E218 OF 2021 (NAIROBI)
DISH LIMITED………..…………..………………………………………………TENANT/APPLICANT
VERSUS
MICHAEL OSUNDWA SAKWA T/A
OSUNDWA & CO ADVOCATES LTD……………………………….LANDLORD/1ST RESPONDENT
MULTISTAGE INVESTMENT LIMITED…………………………….……………2ND RESPONDENT
RULING
1. The Tenant’s/Applicant’s notice of motion application dated 21st July 2021 seeks the following orders;
a. Spent.
b. That the Tribunal declares the tenancy as controlled.
c. That the Landlord/1st Respondent and 2nd Respondent be temporarily prohibited and restrained from unlawfully evicting the Tenant from LR No. 8734/27 Lavington, Nairobi respectively pending the hearing and determination of this application.
d. That the Landlord/1st Respondent and 2nd Respondent be temporarily prohibited and restrained from unlawfully interfering with the Tenant’s use and occupation of the premises LR No 3734/27 Lavington pending the hearing and determination of this application.
e. That the OCS Muthangari Police Station do enforce the orders above.
f. Costs.
2. The application is brought on the grounds set out on the face of the said application and the affidavit of Collins Ng’etich a Director of the Tenant herein. I have read the same.
3. This matter came up for hearing under certificate of urgency on 21st June 2021 and the Tribunal ordered that the same be served for hearing on 14th July 2021.
4. On 14th July 2021, Mr Ongeri appeared for the Tenant/Applicant and the Respondents though served did not appear. The application was ordered to be heard on 23rd August 2021.
5. On 23rd August 2021, Miss Lichuma appeared for the Landlord and Mr Ongeri for the Tenant. On the said date, the Landlord was granted fourteen days to file and serve their responses. The matter was fixed for mention on 24th September 2021.
6. On 24th September 2021, Mr Ongeri appeared for the Tenant but there was no appearance by the Landlord or counsel though the date was fixed by consent. Mr Ongeri informed the Tribunal that the Landlord had not filed any responses.
7. As things stand now, the application by the Tenant is unopposed. The averments therein remain uncontroverted. I have no reason to doubt the same.
8. In the circumstances, I will allow the Tenant’s application dated 21st July 2021 as prayed, but with the rider that prayer d of the application is granted pending the hearing and determination of the reference dated 20th June 2021.
CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
Ruling dated, signed and delivered in virtually by Hon Cyprian Mugambi Nguthari this3rdday of December, 2021 in the absence of the parties.
HON. CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL