[2025] KEBPRT 238 (KLR)

[2025] KEBPRT 238 (KLR)

The Tribunal found that the Applicant/Tenant was duly served with hearing notices and given multiple opportunities to participate in the proceedings but failed to do so without sufficient justification. The Applicant's explanations for non-participation, including alleged difficulties with virtual proceedings, were...

Source-derived case information.

Citation
[2025] KEBPRT 238 (KLR)
Parties
Respondent: Nazareno Kinyua; Applicant: Julius Kinyua
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
28 March 2025
Case Number
Tribunal Case E012 of 2024
Procedural Posture
Tribunal Application / Ruling on Application to Set Aside Ex Parte Orders and for Leave to File Response Out of Time
Outcome
application dismissed
Judges
P Kitur
Legal Topics
Landlord Tenant Disputes, Eviction Orders, Setting Aside Ex Parte Orders, Service of Process
Source Language
english
Land and Property Civil Procedure Landlord Tenant Disputes Eviction Orders Setting Aside Ex Parte Orders Service of Process

Source-derived case record

Summary, issues, holding and outcome

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Parties

Nazareno Kinyua

Respondent

Julius Kinyua

Applicant

Procedural Posture

Tribunal Application / Ruling on Application to Set Aside Ex Parte Orders and for Leave to File Response Out of Time

Legal Issues

  1. 1 Whether the Tribunal has authority to vary and/or set aside its ex-parte orders dated 31st July 2024.
  2. 2 Whether the Applicant/Tenant should be granted leave to file his response out of time.

Ratio Decidendi

The Tribunal found that the Applicant/Tenant was duly served with hearing notices and given multiple opportunities to participate in the proceedings but failed to do so without sufficient justification. The Applicant's explanations for non-participation, including alleged difficulties with virtual proceedings, were unconvincing and did not amount to sufficient cause. The Tribunal held that, having been properly served, the Applicant was not entitled to have the ex-parte orders set aside as of right, and there were no compelling grounds to exercise discretion in his favor. The Tribunal emphasized that justice requires expeditious disposal of cases and that indolence cannot be rewarded....

Court Disposition

application dismissed

Orders

  • The Application dated 13th September 2024 is hereby dismissed for lack of merit.
  • The Orders issued on 8th May 2024 shall remain in force and any Orders granted subsequently stand discharged.