[2024] KEBPRT 1429 (KLR)
The Tribunal held that while the landlord was the successful party and would ordinarily be entitled to costs, the tenant's facilitation and payment for the installation of a prepaid meter at the demised premises was a relevant circumstance. The Tribunal found that the tenant's expenditure of Kshs. 34,750 on the...
Source-derived case information.
- Citation
- [2024] KEBPRT 1429 (KLR)
- Parties
- Applicant: Gichugu Housing Cooperative Society Limited; Respondent: Rimeria Muroki t/a Sunshine Veve Producers
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E826 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Costs After Settlement of Substantive Issues
- Outcome
- Costs awarded to the landlord equivalent to the tenant's expenditure on prepaid meter installation; prepaid meter to vest in landlord; tenant to continue settling electricity bills.
- Judges
- N Wahome, Joyce Murigi
- Legal Topics
- Business Premises Rent, Costs Award, Tenancy Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gichugu Housing Cooperative Society Limited
Applicant
Rimeria Muroki t/a Sunshine Veve Producers
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Costs After Settlement of Substantive Issues
Legal Issues
- 1 Whether the landlord is entitled to costs after settlement of rent arrears and withdrawal of termination proceedings.
- 2 How the costs should be quantified in light of the tenant's expenditure on installation of a prepaid meter.
Ratio Decidendi
The Tribunal held that while the landlord was the successful party and would ordinarily be entitled to costs, the tenant's facilitation and payment for the installation of a prepaid meter at the demised premises was a relevant circumstance. The Tribunal found that the tenant's expenditure of Kshs. 34,750 on the meter installation should be set off against the landlord's entitlement to costs. Accordingly, the Tribunal ordered that costs be awarded to the landlord to the equivalent of the amount expended by the tenant on the prepaid meter, and that the prepaid meter would henceforth vest in the landlord. The tenant would continue to pay electricity bills as they accrue.
Court Disposition
Costs awarded to the landlord equivalent to the tenant's expenditure on prepaid meter installation; prepaid meter to vest in landlord; tenant to continue settling electricity bills.
Orders
- Costs are awarded to the landlord to the equivalent of Kshs. 34,750 expended by the tenant on installation of the prepaid meter.
- The prepaid meter shall henceforth vest in the landlord.
Full Case Text
Judgment text and source record
20 paragraphs
Gichugu Housing Cooperative Society Limited v Muroki t/a Sunshine Veve Producers (Tribunal Case E826 of 2024) [2024] KEBPRT 1429 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEBPRT 1429 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Tribunal Case E826 of 2024
N Wahome, Chair & Joyce Murigi, Member
September 26, 2024
Between
Gichugu Housing Cooperative Society Limited
Landlord
and
Rimeria Muroki t/a Sunshine Veve Producers
Tenant
Ruling
1. This Ruling is on the question of costs as all the other issues that instigated the landlord to move the court have been settled. That is to say, the tenant has settled all the rents in arrears and the landlord mercifully decided not to pursue termination of the tenancy.
2. In canvassing this question, the tenant has filed the supplementary affidavit sworn on the 9/9/2024, submissions dated 13/9/2024 and supplementary affidavit dated 17/9/2024. On its part, the landlord lodged the submissions dated 12/9/2024.
3. We have perused the parties’ filings and submissions including the authorities cited and are of the view that at the face of it and indeed on application of section 27 of the civil procedure Act and the proviso thereof, that the landlord is the successful party and should ordinarily be awarded costs ensuing from these proceedings.
4. We have however also taken notice that the tenant has facilitated installation of the prepaid meter at the demised premises during the proceedings herein. There has been no rebuttal by the landlord that the prepaid meter has been installed and that it has cost the tenant Kshs. 34,750/=
5. Therefore, and for the justice of this case, we order that the costs are awarded to the landlord to the equivalent of the amount expended by the tenant in installation of the prepaid meter. That is to say, that the prepaid meter shall henceforth vest in the landlord while the tenant shall continue to settle the electricity bills as and when they accrue.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26TH DAY OF SEPTEMBER, 2024. HON. NDEGWA WAHOME, MBS - (PANEL CHAIRPERSON)BUSINESS PREMISES RENT TRIBUNALANDHON. JOYCE MURIGI - (MEMBER)BUSINESS PREMISES RENT TRIBUNALDelivered In the presence of:Mr. Muimi for the Applicant/RespondentM/s Mukami for the Landlord/ Applicant