[2022] KEBPRT 195 (KLR)
The Tribunal determined that, due to the conflicting claims and lack of clarity regarding the occupation and licensing of the suit premises, it is necessary to conduct further investigation before making a substantive decision. Exercising its statutory powers under section 12(4) of Cap. 301, the Tribunal ordered...
Source-derived case information.
- Citation
- [2022] KEBPRT 195 (KLR)
- Parties
- Applicant: Reuben Simiyu Samuel; Respondent: Joseph H. Maero Oyula; Respondent: Abdul Kadir Adan
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E011 of 2022
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling on Application for Further Investigation
- Outcome
- Further investigation ordered; no final determination on merits.
- Judges
- Gakuhi Chege
- Legal Topics
- Business Premises Rent, Tenancy Disputes, Occupation of Premises
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reuben Simiyu Samuel
Applicant
Joseph H. Maero Oyula
Respondent
Abdul Kadir Adan
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Application for Further Investigation
Legal Issues
- 1 Whether further investigation is necessary to determine the person or entity in occupation of the suit premises.
- 2 Whether the Tribunal should direct a Rent Inspector to visit the premises and file a report.
Ratio Decidendi
The Tribunal determined that, due to the conflicting claims and lack of clarity regarding the occupation and licensing of the suit premises, it is necessary to conduct further investigation before making a substantive decision. Exercising its statutory powers under section 12(4) of Cap. 301, the Tribunal ordered that a Rent Inspector visit the premises, establish the person or entity in occupation, and verify the business licensee as per the relevant County Government records. The Tribunal further directed that the Tenant facilitate the inspection by paying the requisite charges, and scheduled the matter for mention after thirty days to consider the Inspector's report and issue further...
Court Disposition
Further investigation ordered; no final determination on merits.
Orders
- The Tribunal's Rent Inspector shall visit the suit premises and establish the person or entity in occupation and the business licensee by the relevant County Government, and file a report within thirty days.
- The Tenant shall facilitate the inspection by paying the requisite charges.
Full Case Text
Judgment text and source record
21 paragraphs
Samuel v Oyula & another (Tribunal Case E011 of 2022) [2022] KEBPRT 195 (KLR) (Civ) (12 July 2022) (Ruling)
Neutral citation: [2022] KEBPRT 195 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Civil
Tribunal Case E011 of 2022
Gakuhi Chege, Vice Chair
July 12, 2022
Between
Reuben Simiyu Samuel
Applicant
and
Joseph H. Maero Oyula
Landlord
and
Abdul Kadir Adan
Tenant
Ruling
1. I have carefully examined all the pleadings filed in respect of the application dated 17th February 2022 and have formed the opinion that there is need to conduct further investigation in this matter under section 12(4) of Cap. 301, Laws of Kenya before making any decision thereon.
2. In the premises, I make the following orders:-(a)This Tribunal’s Rent Inspector shall visit the suit premises being half (1/2 ) subdivision plot on title number Kingongo farm L.R No.10492/1 and establish the person or entity in occupation thereof and the business licensee thereof by the relevant County Government and file a report within Thirty (30) days hereof.(b)The Tenant shall facilitate the exercise by paying the requisite charges.(c.)This matter shall therefore be fixed for mention after Thirty (30) days for further orders or directions.It is so ordered.
RULING DATED, SIGNED AND DELIVERED THIS 12TH DAY OF JULY 2022. HON. GAKUHI CHEGEVICE CHAIRBUSINESS PREMISES RENT TRIBUNALIn the presence of:Rotich holding brief for Wambua for Tenant/ApplicantChemtai holding for Omolo for landlord.Further order: Mention on 16thAugust 2022 to confirm filing of the Rent Inspector’s Report.HON. GAKUHI CHEGEVICE CHAIRBUSINESS PREMISES RENT TRIBUNAL