[2021] KEBPRT 171 (KLR)
The tribunal found that the respondent was properly served with the application but failed to respond or appear. As a result, the application was unopposed. The tribunal allowed the application and granted prayer c as sought by the applicant. The tribunal further directed that the pending applications dated 16th and...
Source-derived case information.
- Citation
- [2021] KEBPRT 171 (KLR)
- Parties
- Applicant: Universal Reliance Emporium Limited; Respondent: Gloria Management
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 333 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application allowed (prayer c granted); other prayers in submissions declined
- Legal Topics
- Business Premises Rent, Affidavit of Service, Ex Parte Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Universal Reliance Emporium Limited
Applicant
Gloria Management
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the respondent was properly served with the application and failed to respond.
- 2 Whether the unopposed application should be granted as prayed.
- 3 Whether substantive orders can be granted through submissions rather than pleadings.
Ratio Decidendi
The tribunal found that the respondent was properly served with the application but failed to respond or appear. As a result, the application was unopposed. The tribunal allowed the application and granted prayer c as sought by the applicant. The tribunal further directed that the pending applications dated 16th and 18th September 2020 be fixed for hearing on a priority basis. The tribunal declined to grant substantive orders sought by the applicant through submissions, holding that submissions are not pleadings and substantive relief must be sought through proper pleadings.
Court Disposition
application allowed (prayer c granted); other prayers in submissions declined
Orders
- Prayer c of the application dated 23rd July 2021 is granted.
- The applications dated 16th September 2020 and 18th September 2020 are to be fixed for hearing on a priority basis.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
VIEW PARK TOWERS 7TH & 8TH FLOOR
TRIBUNAL CASE NO. 333 OF 2020 (NAIROBI)
UNIVERSAL RELIANCE EMPORIUM LIMITED.....TENANT/APPLICANT
VERSUS
GLORIA MANAGEMENT....................................LANDLORD/RESPONDENT
RULING
1. The Applicant’s/Tenant’s application dated 23rd July 2021 came up for hearing on 12th August 2021. On the said date Mr Kangata counsel for the Tenant was present. He told the Tribunal that the Respondents had been served but did not appear. I have perused the affidavit of service filed by the Tenant and sworn by one Amos Mwangi.
2. I am satisfied that the Respondents were served. They have not responded to the application and therefore the same is unopposed.
3. In the circumstances, I will allow the application and grant prayer c of the said application.
4. I further order that the application dated 16th September 2020 and 18th September 2020be fixed for hearing on a priority basis.
5. I do note that the Applicant has made three prayers in its submissions. Submissions are not pleadings and it is unprocedural for the Tenant to seek such substantive orders by way of submissions. The request in the submissions for the said orders is declined.
HON. CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
RULING DATED, SIGNED AND DELIVERED VIRTUALLY BY HON CYPRIAN MUGAMBI NGUTHARI THIS 15TH DAY OF OCTOBER 2021 IN THE PRESENCE OF MR KANG’ATTA FOR THE APPLICANT AND IN THE ABSENCE OF THE RESPONDENT.
HON. CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL