[2019] KEBPRT 9 (KLR)
The Tribunal found that there was a significant discrepancy between the landlord's and tenants' valuation reports regarding the proposed rent increases. In order to resolve the dispute fairly and transparently, the Tribunal determined that it was necessary for both parties' valuers to appear before it and provide...
Source-derived case information.
- Citation
- [2019] KEBPRT 9 (KLR)
- Parties
- Applicant: Elias Muroki; Applicant: Amos Nkari; Respondent: Anjuman E. Burhani
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 42 of 2017
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling
- Outcome
- Reference to be heard with oral evidence from valuers; no final determination on rent increase at this stage.
- Legal Topics
- Rent Review, Valuation Dispute, Business Premises, Landlord Tenant Relations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elias Muroki
Applicant
Amos Nkari
Applicant
Anjuman E. Burhani
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Ruling
Legal Issues
- 1 Whether the landlord is entitled to increase rent for the tenants as per the valuation reports.
- 2 Whether the valuation reports presented by both parties are credible and require oral evidence.
Ratio Decidendi
The Tribunal found that there was a significant discrepancy between the landlord's and tenants' valuation reports regarding the proposed rent increases. In order to resolve the dispute fairly and transparently, the Tribunal determined that it was necessary for both parties' valuers to appear before it and provide oral evidence, allowing for examination and cross-examination to test the integrity and credibility of their respective reports. The Tribunal therefore ordered that the matter proceed to a hearing where the valuers would be called as witnesses, and deferred any determination on the rent increase until such evidence is heard.
Court Disposition
Reference to be heard with oral evidence from valuers; no final determination on rent increase at this stage.
Orders
- The reference shall be heard in the Tribunal's next session.
- The valuers of the parties shall appear before the Tribunal and give oral evidence.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO. 42 OF 2017 CONSOLIDATED WITH 23 OF 2017 (MOMBASA)
ELIAS MUROKI
AMOS NKARI............................................................TENANTS/APPLICANTS
VERSUS
ANJUMAN E. BURHANI....................................LANDLORD/RESPONDENT
JUDGEMENT
The Tribunal has perused the Landlord’s report which has been prepared by Fairland Valuers Ltd and the Tenant’s valuation which has been prepared by Maina Chege & Co.
The Landlord’s valuation recommends the increase of rent for the Tenant in BPRT 23/2017 (Amos Nkari) from shs 14,500 to shs 17,900 and for the Tenant in BPRT 42/2016 (Elias Muroki from shs 20,000 to shs 51,400.
The Tenant’s valuation Maina Chege & Co does not recommend any rent increase. In the light of the above discrepancies, it is necessary for the valuers of the parties to appear before the parties to appear before the Tribunal to give evidence and to defend the integrity of their valuation report.
The Tribunal makes the following orders;
1. The reference shall be heard in the Tribunal next session.
2. The valuation of the parties shall appear before the Tribunal and give oral evidence.
3. Costs in the cause.
Ruling delivered this 17th day of May 2019 in the presence of Nafula for the Landlord. Tenant in BPRT 42/2017 present.
MBICHI MBOROKI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL