[2022] KEBPRT 852 (KLR)
The tribunal found that the application dated May 25, 2022 had already been conclusively determined on September 1, 2022, when the orders sought were granted and the complaint marked as settled. Any subsequent directions to hear or rule on the same application were made in error. Exercising its statutory power, the...
Source-derived case information.
- Citation
- [2022] KEBPRT 852 (KLR)
- Parties
- Applicant: Elizabeth Wangui Wainaina; Respondent: Margaret Kariuki
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E443 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Application dismissed as moot; file closed.
- Judges
- Gakuhi Chege
- Legal Topics
- Business Premises Rent, Tenancy Notices, Tribunal Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Wangui Wainaina
Applicant
Margaret Kariuki
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the tribunal's previous orders on the tenant's application dated May 25, 2022 were conclusive and precluded further proceedings on the same application.
- 2 Whether subsequent directions and hearings after September 1, 2022 were made in error and should be set aside.
Ratio Decidendi
The tribunal found that the application dated May 25, 2022 had already been conclusively determined on September 1, 2022, when the orders sought were granted and the complaint marked as settled. Any subsequent directions to hear or rule on the same application were made in error. Exercising its statutory power, the tribunal set aside those erroneous directions and ordered the file closed, with no orders as to costs for proceedings after September 1, 2022.
Court Disposition
Application dismissed as moot; file closed.
Orders
- Directions issued after September 1, 2022 are set aside.
- The file is closed with no orders as to costs on proceedings taken after September 1, 2022.
Full Case Text
Judgment text and source record
21 paragraphs
Wainaina v Kariuki (Tribunal Case E443 of 2022) [2022] KEBPRT 852 (KLR) (Civ) (29 November 2022) (Ruling)
Neutral citation: [2022] KEBPRT 852 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Civil
Tribunal Case E443 of 2022
Gakuhi Chege, Vice Chair
November 29, 2022
Between
Elizabeth Wangui Wainaina
Applicant
and
Margaret Kariuki
Respondent
Ruling
1. On September 1, 2022, this tribunal allowed the tenant’s application dated May 25, 2022 on the admission by counsel for the landlord that the notice given to the tenant was not proper. As such prayers 2,3,4 &5 were allowed and the complaint was marked as settled.
2. On September 12, 2022, the tenant moved this tribunal seeking the same orders as those allowed in the application dated May 25, 2022. Directions in respect of the application were issued on September 12, 2022 for the same to be served for hearing inter-partes on September 16, 2022.
3. On September 16, 2022, the Tenant applied to withdraw the said application and sought for hearing of his application dated May 25, 2022 on October 27, 2022. The said application was allowed.
4. On October 27, 2022, the application dated May 25, 2022 was fixed for ruling on November 29, 2022. From the foregoing analysis, it is clear that the directions given on September 16, 2022 fixing the application dated May 25, 2022 for hearing and subsequent directions fixing it for ruling were made in error as the said application had already been conclusively dealt with on September 1, 2022.
5. Consequently and in exercise of the powers conferred upon this tribunal by section 12(1) (i) to vary or rescind any order made by it under the provisions of cap 301, laws of kenya, i proceed to set aside the said directions and order this file closed with no orders as to costs on the proceedings taken after 1st September 2022. It is so ordered.
RULING DATED, SIGNED & VIRTUALLY DELIVERED THIS 29TH DAY OF NOVEMBER 2022. HON. GAKUHI CHEGEVICE CHAIRBUSINESS PREMISES RENT TRIBUNALRuling delivered in the presence of:Gicheha for the RespondentNo appearance for the Applicant