[2022] KEBPRT 220 (KLR)
The Tribunal found that since the landlord/respondent did not file any response to the tenant's application for recusal and referral, and did not appear at the hearing, the application remained unopposed. In the absence of any opposition or justification to the contrary, the Tribunal allowed the application in terms...
Source-derived case information.
- Citation
- [2022] KEBPRT 220 (KLR)
- Parties
- Applicant: Nucleaur Investments Limited; Respondent: Nellie Wanjiku Kung’u
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 308 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Recusal Application
- Outcome
- application allowed (unopposed)
- Judges
- Gakuhi Chege
- Legal Topics
- Judicial Recusal, Tribunal Procedure, Landlord Tenant Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nucleaur Investments Limited
Applicant
Nellie Wanjiku Kung’u
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Recusal Application
Legal Issues
- 1 Whether the Vice Chair should recuse himself from further conduct of the hearing of the matter as requested by the tenant.
- 2 Whether the matter should be referred to the presiding chairperson for reallocation and directions on the pending application for review.
Ratio Decidendi
The Tribunal found that since the landlord/respondent did not file any response to the tenant's application for recusal and referral, and did not appear at the hearing, the application remained unopposed. In the absence of any opposition or justification to the contrary, the Tribunal allowed the application in terms of the prayers sought, specifically prayers 3 and 4. The matter was directed to be mentioned before the Hon. Chairman for further directions regarding the pending application for review. Costs were ordered to be in the cause.
Court Disposition
application allowed (unopposed)
Orders
- The application dated March 22, 2022 is allowed in terms of prayers 3 and 4.
- This matter shall be mentioned before the Hon. Chairman, Cyprian Mugambi on June 30, 2022 for further directions in respect of the application dated January 31, 2022.
Full Case Text
Judgment text and source record
21 paragraphs
Nucleaur Investments Limited v Kung’u (Tribunal Case 308 of 2021) [2022] KEBPRT 220 (KLR) (Civ) (17 June 2022) (Ruling)
Neutral citation: [2022] KEBPRT 220 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Civil
Tribunal Case 308 of 2021
Gakuhi Chege, Vice Chair
June 17, 2022
Between
Nucleaur Investments Limited
Applicant
and
Nellie Wanjiku Kung’u
Respondent
Ruling
1. By a motion dated March 22, 2022, the tenant moved this Tribunal seeking inter-alia for my recusal from further conduct of the hearing of this matter and for its referral to the presiding chairperson of the Tribunal for reallocation and directions on the conduct and disposal of the pending application for review.
2. On 22nd, April 2022, the landlord’s counsel sought to be allowed to file a response to the application by close of business on April 25, 2022 and was allowed to do so. The application was therefore fixed for hearing on April 28, 2022.
3. On April 28, 2022, the landlord’s counsel did not appear and had not filed his response to the application as directed. As such the application was set down for ruling on June 17, 2022.
4. In view of the fact that there is no response to the application, the same remains unopposed. As such the same is for allowing.
5. In conclusion therefore, the following orders commend to me:-i.The application dated March 22, 2022 is allowed in terms of prayers 3 and 4 thereof.ii.This matter shall be mentioned before the Hon. Chairman, Cyprian Mugambi on June 30, 2022 for further directions in respect of the application dated January 31, 2022. iii.Costs of the application shall be in the cause.It is so ordered.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY THIS 17TH DAY OF JUNE 2022. HON. GAKUHI CHEGEVICE CHAIRBUSINESS PREMISES RENT TRIBUNALIn the presence of:Misati for the Landlord/RespondentThuku for Tenant/Applicant