[2021] KEBPRT 165 (KLR)

[2021] KEBPRT 165 (KLR)

The tribunal determined that since the issues raised in this matter are identical to those in Nairobi BPRT E171/2021, the ruling and orders made in that case should be applied to the present case mutatis mutandis. This approach ensures consistency in the tribunal's decisions where parties and issues are...

Source-derived case information.

Citation
[2021] KEBPRT 165 (KLR)
Parties
Applicant: Hellen Mungathia t/a Mucheke General Agencies; Respondent: Meru Central Coffee Co-operative Union Limited
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case E172 of 2021
Procedural Posture
Miscellaneous Application / Ruling
Outcome
Ruling and orders in Nairobi BPRT E171/2021 adopted and applied to this case.
Legal Topics
Business Premises Rent, Landlord Tenant Dispute
Source Language
en
Land and Property Business Premises Rent Landlord Tenant Dispute

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Parties

Hellen Mungathia t/a Mucheke General Agencies

Applicant

Meru Central Coffee Co-operative Union Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the issues in this matter are identical to those in Nairobi BPRT E171/2021 and can be determined by applying the same ruling.
  2. 2 Whether the orders in Nairobi BPRT E171/2021 should be adopted in this case.

Ratio Decidendi

The tribunal determined that since the issues raised in this matter are identical to those in Nairobi BPRT E171/2021, the ruling and orders made in that case should be applied to the present case mutatis mutandis. This approach ensures consistency in the tribunal's decisions where parties and issues are substantially the same, and avoids unnecessary duplication of judicial effort. The tribunal therefore directed that the ruling in Nairobi BPRT E171/2021 delivered on 14th October 2021, together with the orders made therein, shall apply to this case. A copy of the said ruling is to be placed in the file for completeness of the record.

Court Disposition

Ruling and orders in Nairobi BPRT E171/2021 adopted and applied to this case.

Orders

  • The ruling in Nairobi BPRT 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.