[2021] KEBPRT 225 (KLR)
The Tribunal found that the application dated 9th September 2019 was not opposed, as no response or preliminary objection was filed by the respondents despite an indication to do so. Consequently, the Tribunal confirmed the ex-parte orders previously granted on 9th September 2019, pending the hearing and...
Source-derived case information.
- Citation
- [2021] KEBPRT 225 (KLR)
- Parties
- Applicant: Duncan Muthee Michuki; Respondent: Fauzia Farah Mohamed; Respondent: Jamar Estate Agents Limited
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 85 of 2019
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling on Unopposed Application
- Outcome
- application confirmed; ex-parte orders maintained pending hearing of main reference
- Legal Topics
- Business Premises Rent, Ex Parte Orders, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Duncan Muthee Michuki
Applicant
Fauzia Farah Mohamed
Respondent
Jamar Estate Agents Limited
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Unopposed Application
Legal Issues
- 1 Whether the ex-parte orders granted on 9th September 2019 should be confirmed pending the hearing of the main reference.
- 2 Whether the lack of response by the respondents amounts to non-opposition of the application.
Ratio Decidendi
The Tribunal found that the application dated 9th September 2019 was not opposed, as no response or preliminary objection was filed by the respondents despite an indication to do so. Consequently, the Tribunal confirmed the ex-parte orders previously granted on 9th September 2019, pending the hearing and determination of the main reference. The Tribunal further directed that the costs of the application would abide the outcome of the main reference, exercising its discretion in the absence of opposition and in line with established procedural principles.
Court Disposition
application confirmed; ex-parte orders maintained pending hearing of main reference
Orders
- The ex-parte orders granted on 9th September 2019 are confirmed pending the hearing and determination of the main reference.
- Costs of the application shall abide the outcome of the main reference.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
VIEW PARK TOWERS 7TH & 8TH FLOOR
TRIBUNAL CASE NO. 85 OF 2019 (NYERI)
DUNCAN MUTHEE MICHUKI......................................................APPLICANT/TENANT
VERSUS
FAUZIA FARAH MOHAMED.......................................1ST RESPONDENT/LANDLORD
JAMAR ESTATE AGENTS LIMITED.......2ND RESPONDENT/LANDLADY’S AGENT
RULING
1. The application dated 9th September 2019 was granted ex-parte on 9th September 2019 by Hon. Mbichi Mboroki Chairman (as he then was) pending the hearing and determination of the suit.
2. I have perused the record and have not seen any response to the application by the Respondents.
3. On 17th March 2021, counsel for the Landlord indicated that he intended to file a preliminary objection and a reply to the suit. None was filed thereafter.
4. In the premises, I find and hold that the application is not opposed and hereby confirm the orders given on 9th September 2019 pending the hearing of the reference in terms of prayer 2 thereof.
5. I direct that costs of the application shall abide the outcome of the main reference.
It is so ordered.
DATED, SIGNED AND DELIVERED THIS 24TH DAY OF SEPTEMBER 2021 VIRTUALLY.
HON. GAKUHI CHEGE
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL
In the presence of:-
Muthoni Kibara for the Respondents
No appearance for the Applicant