[2022] KEBPRT 23 (KLR)
The Tribunal found that the orders issued on 2nd December 2021, which fixed the matter for hearing on 28th January 2022, were made in error because they contradicted the earlier directions given on 24th August 2021. The Tribunal acknowledged the oversight and clarified that the matter should proceed in accordance...
Source-derived case information.
- Citation
- [2022] KEBPRT 23 (KLR)
- Parties
- Applicant: Johnson Githii Karanja; Respondent: Khateri Mohammed
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 946 of 2020
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling on Hearing Directions
- Outcome
- Procedural correction; matter fixed for hearing as per earlier directions.
- Legal Topics
- Landlord Tenant Disputes, Business Premises Rent, Procedural Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johnson Githii Karanja
Applicant
Khateri Mohammed
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Hearing Directions
Legal Issues
- 1 Whether the orders issued on 2nd December 2021 were valid in light of earlier directions.
- 2 What is the correct procedural direction for hearing the application and reference dated 3rd December 2020.
Ratio Decidendi
The Tribunal found that the orders issued on 2nd December 2021, which fixed the matter for hearing on 28th January 2022, were made in error because they contradicted the earlier directions given on 24th August 2021. The Tribunal acknowledged the oversight and clarified that the matter should proceed in accordance with the directions issued on 24th August 2021, namely that the application and reference dated 3rd December 2020 be heard together, and that parties file and exchange documents before the hearing. The Tribunal exercised its inherent power to correct its own procedural mistake to ensure the matter is heard fairly and efficiently.
Court Disposition
Procedural correction; matter fixed for hearing as per earlier directions.
Orders
- The matter shall be heard on 7th April 2022.
- Parties to comply with the directions issued on 24th August 2021 regarding filing and exchange of documents.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
VIEW PARK TOWERS 7TH & 8TH FLOOR
TRIBUNAL CASE NO. 946 OF 2020 (NAIROBI)
JOHNSON GITHII KARANJA..........................LANDLORD/APPLICANT
VERSUS
KHATERI MOHAMMED....................................TENANT/RESPONDENT
RULING
1. On 24th August 2021,the Tribunal made the following orders;
“No useful purpose will be served by hearing the application dated 3rd December 2020orally. I direct that the reference dated 3rd December 2020 and the application aforesaid be heard together on 14th October 2021. Parties to file and exchange documents that they wish to rely on before the hearing date.”
2. The orders issued on 2nd December 2021 fixing the matter for hearing on 28th January 2022 were therefore issued in error. The proper order ought to have been one directing that the matter be heard as per the directions given earlier on 24th August 2021. I regret the oversight on my part.
3. I in the circumstances direct this matter be heard on 7th April 2022. Parties to comply with the directions issued on 24th August 2021.
HON. CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
Ruling dated, signed and delivered virtually by Hon Cyprian Mugambi Nguthari (Chairman) this7thday of March, 2022in the presence of Mr Kamaufor the Landlord and in the absence of the otherparties.
HON. CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL