Adan Eden & 4 others v Dominic Ntongai [2021] KEBPRT 430 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO 18 OF 2020 (MERU)

ADAN EDEN.........................................................................TENANT/APPLICANT

ABUBAKAR SHARIF..........................................................TENANT/APPLICANT

MRS HABIB ADAN.............................................................TENANT/APPLICANT

MRS HALIMA ADOW........................................................TENANT/APPLICANT

ADOW ISAACK..................................................................TENANT/APPLICANT

VERSUS

DOMINIC NTONGAI.............................................LANDLORD/RESPONDENT

RULING

On 20^th May 2021, the Tenant’s application dated 8^th June 2020 was scheduled for ruling on 18^th June 2021.  I have since perused the record of the Tribunal and do note the following;

1. That the Landlord’s notice of motion dated 25^th February 2020 seeking confirmation of the notices for the increament of rent was allowed on terms of the orders issued by the Tribunal on 26^th February 2020.

2. That on 25^th March 2020, Adow Isaack the 5^th Respondent filed an application seeking to set aside the orders issued by the Tribunal on 26^th February 2020.  The application was brought on behalf of the Tenants and on behalf of the 5^th Tenant/Respondent.

3. That on 26^th March 2020, the Tenant’s application dated 26^th March 2020 was certified as urgent and ordered to be served for hearing on 22^nd May 2020 at the Meru Law Courts.

4. There does not seem to have been any appearance or proceedings on 22^nd May 2020.

5. That on 8^th June 2020, the Tenants filed the notice of motion of even date and orders were issued in terms of prayer 1 and 2 of the said motion.  The application was fixed for hearing on 3^rd July 2020 when no action seems to have been taken.

6. On 22^nd March 2021 a hearing date for 23^rd March 2021 was scheduled where it was agreed that the application dated 8^th June 2020 would proceed by way of written submissions.

The parties and the Tribunal seem to have proceeded on the notion that the application dated 8^th June 2020 was the main application for hearing.

However, a careful reading of ground (a) of the motion dated 8^th June 2020 would indicate that the main motion is the one dated 25^th March 2020 (not 25^th May 2020) it is the one seeking to set aside the orders confirming the notices for the increament of rent.

In order to do substantive justice to the parties herein, I do order that the application dated 25^th March 2020 be urgently fixed for mention for directions on a date convenient to the parties.

CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

Court:

RULING DATED, SIGNED AND DELIVERED VIRTUALLY BY HON GAKUHI CHEGE THIS 18TH DAY OF JUNE 2021 in the presence of Kinyua for the Landlord/Respondent and in the absence of the Applicant.

HON GAKUHI CHEGE

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL