[2022] KEBPRT 128 (KLR)
The Tribunal found that the tenant failed to comply with its earlier order granting leave to file a reference out of time and to submit a valuation report. As a result, there was no challenge to the landlord's application for rent increase or to the landlord's valuation report. The Tribunal therefore accepted the...
Source-derived case information.
- Citation
- [2022] KEBPRT 128 (KLR)
- Parties
- Applicant: Refrigeration Components Limited; Respondent: East African Cutural Trust and Afropres Limited
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 206 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Reference Out of Time and Rent Increase
- Outcome
- Application for leave to file reference out of time not complied with; landlord's application for rent increase allowed.
- Legal Topics
- Business Premises Rent, Rent Increase, Valuation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Refrigeration Components Limited
Applicant
East African Cutural Trust and Afropres Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Reference Out of Time and Rent Increase
Legal Issues
- 1 Whether the tenant complied with the leave to file a reference out of time and submit a valuation report.
- 2 Whether the landlord is entitled to increase the monthly rent based on the valuation report.
Ratio Decidendi
The Tribunal found that the tenant failed to comply with its earlier order granting leave to file a reference out of time and to submit a valuation report. As a result, there was no challenge to the landlord's application for rent increase or to the landlord's valuation report. The Tribunal therefore accepted the landlord's valuation and allowed the proposed rent increase. The ex-parte orders previously granted were vacated, and the landlord was authorized to increase the rent from Kshs 150,000 to Kshs 385,000 effective 1st January 2022, with liberty to levy distress in case of default.
Court Disposition
Application for leave to file reference out of time not complied with; landlord's application for rent increase allowed.
Orders
- Ex-parte orders granted in February 2020 are vacated.
- Landlord is at liberty to increase rent from Kshs 150,000 to Kshs 385,000 effective 1st January 2022.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO. 206 OF 2020 NAIROBI
REFRIGERATION COMPONENTS LIMITED...........................................................APPLICANT/TENANT
AND
EAST AFRICAN CUTURAL TRUST ANDAFROPRESS LIMITED.....1ST RESPONDENT /LANDLORD
RULING
1. On 12th November 2021, I granted leave to the Tenant to file a reference out of time, the same to be deemed as duly filed together with a valuation report in 30 days.
2. On 7th December 2021 when the matter was mentioned, I was urged to rule with the submissions on record as the Tenant had neither filed a reference out of time nor any valuation report. Date was taken in court by consent.
3. Having considered the Landlord’s submissions, the only issue left is prayer for increase of monthly rent.
4. Relying on the Landlord’s valuation report by Joe Musyoki Consultants, an increase of Kshs 386,400/- is proposed.
5. I proceed to vacate the ex-parte orders granted in February 2020.
6. The Landlord is at liberty to increase rent from Kshs 150,000/- to Kshs 385,000/- effective from 1st January 2022. Failure to pay the said rent, the Landlord can proceed and distress without further reference to this Tribunal.
HON A. MUMA
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL
RULING DATED, SIGNED AND DELIVERED VIRTUALLY BY HON A. MUMA THIS 5TH DAY OF JANUARY 2022 IN THE ABSENCE OF THE PARTIES.
HON A. MUMA
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL