[2022] KEBPRT 127 (KLR)
The tribunal determined that since the applications by both parties are intertwined and the main issue is the identity of the lawful landlord and the proper recipient of rent, it would be inappropriate to determine one application in isolation. Hearing both applications together will ensure that all issues are...
Source-derived case information.
- Citation
- [2022] KEBPRT 127 (KLR)
- Parties
- Applicant: Lilian Wambui Waigwa; Respondent: Judy Jepchirchir Towett; Respondent: Petrocelli Lina Chepkemoi; Respondent: Allexie Chebet Towett
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E035 of 2021
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling on Consolidation and Directions
- Outcome
- Both applications to be heard together; directions issued for filing of submissions; interim orders remain in force.
- Legal Topics
- Landlord Tenant Disputes, Rent Deposit Orders, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lilian Wambui Waigwa
Applicant
Judy Jepchirchir Towett
Respondent
Petrocelli Lina Chepkemoi
Respondent
Allexie Chebet Towett
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Consolidation and Directions
Legal Issues
- 1 Who is the lawful landlord entitled to receive rent from the tenant.
- 2 Whether rent should continue to be paid to the 1st respondent or deposited with the tribunal pending determination of the main application.
- 3 Whether the applications by both parties should be heard together or separately.
Ratio Decidendi
The tribunal determined that since the applications by both parties are intertwined and the main issue is the identity of the lawful landlord and the proper recipient of rent, it would be inappropriate to determine one application in isolation. Hearing both applications together will ensure that all issues are addressed comprehensively and fairly, preventing prejudice to any party. The tribunal therefore ordered that both applications be heard and determined at the same time, with parties directed to file submissions within fourteen days. All previous directions are varied to this extent, and interim orders remain in force.
Court Disposition
Both applications to be heard together; directions issued for filing of submissions; interim orders remain in force.
Orders
- The application dated 21st April 2021 and the application dated 18th May 2021 shall be heard together and determined at the same time.
- Counsel for the parties to file their respective submissions in both applications within fourteen days of this ruling.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
VIEW PARK TOWERS 7TH & 8TH FLOOR
TRIBUNAL CASE NO. E035 OF 2021 (NAKURU)
LILIAN WAMBUI WAIGWA..........................................................TENANT/APPLICANT
VERSUS
JUDY JEPCHIRCHIR TOWETT................................LANDLORD/1ST RESPONDENT
PETROCELLI LINA CHEPKEMOI AND
ALLEXIE CHEBET TOWETT...................................LANDLORD/2ND RESPONDENT
RULING
1. The 2nd Respondent’s notice of motion dated 18th May 2021 seeks review of the orders issued on 27th April 2021 requiring the Tenant to continue paying rent for the suit premises as usual to the Landlady/1st Respondent pending the hearing and determination of the application dated 21st April 2021. It also seeks an order that all the rent for the suit premises be deposited at the Tribunal pending the hearing and determination of the main cause longed by the Tenant herein.
2. The application is supported by the affidavit of Alexie Chebet Towett. I have read the same. I have also read the application by the Tenant dated 21st April 2021.
3. I also note that the main contention in this dispute is as to who the Landlord to the Tenant is and where the rent should be deposited. The Tenant’s application dated 21st April 2021 has not been heard and concluded. No final orders have issued in the said application. If the Tribunal were to vary the orders issued by Hon Chege on 27th April 2021, it would not have dealt with the substance of the Tenant’s application.
4. I do also note that the 2nd Respondent has sought to have the rent payable by the Tenant over the suit premises deposited with the Tribunal.
5. The application by both parties are therefore intertwined and determining the 2nd Respondent’s application in isolation will have far reaching effects on the Tenant’s application.
6. The best direction that the applications ought to take in the premises is one where both applications are heard and determined at the same time.
7. Consequently, I will order that the application dated 21st April 2021 and the one dated 18th May 2021 will be heard together and a determination thereof made at the same time. Counsel for the parties are ordered to file their respective submissions in both applications within the next fourteen days of this ruling.
8. All previous directions in this matter are varied to that extent. The interim orders in place will remain in force.
HON. CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
RULING DATED, SIGNED AND DELIVERED VIRTUALLY BY HON CYPRIAN MUGAMBI NGUTHARI THIS 6TH DAY OF JANUARY, 2022 IN THE PRESENCE OF MISS WAIRIMU FOR THE TENANT AND IN THE ABSENCE OF THE OTHER PARTIES.
HON. CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL