REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO 255 OF 2021 (NAIROBI)
GEORGE MUGOYE MBEYA T/A
MUGOYE & ASSOCIATES ADVOCATES.....................TENANT/APPLICANT
VERSUS
BOARD OF TRUSTEES OF THE
NATIONAL SOCIAL SECURITY FUND...AUCTIONEER/2ND RESPONDENT
RULING
The Tenant’s application dated 18th March 2021 in the main suit seeks orders;
1. That the Landlord/Auctioneers/Respondent’s either by themselves, their servants and/or agents be restrained in any manner interfering with the Tenant’s tenancy, occupation and enjoyment of the suit premises pending the hearing and determination of the application.
The application is based on the grounds;
1. That the Landlord through the Auctioneer has proclaimed the Tenant’s goods for rent arrears.
2. The claimed rent arrears of Kshs 1,439,714.00 is not due or owed.
3. The Landlord’s agents have failed to provide to the Tenant a statement of accounts.
4. That the Tenant only owes costs 334,549/- payable quarterly and which is not due anyway.
5. That unless the orders are granted, the Tenant will suffer irreparable harm and damage and his application will be rendered nugatory.
The application is supported by the affidavit of George Mugote Mbeya. I have relied and considered the same. The Tenant’s application was properly served upon the Respondents. There is an affidavit of service sworn by one John Dennis Omondi. The Respondents have not filed any responses to the application, the same is unopposed.
In the premises, I proceed to allow the Tenant’s application dated 18th March 2021.
CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
RULING READ AND DELIVERED VIRTUALLY BY HON GAKUHI CHEGE THIS 12TH DAY OF MAY 2021 DAY IN THE ABSENCE OF THE PARTIES.
HON GAKUHI CHEGE
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL