Kungu v Gichuhi & another (Tribunal Case 381 of 2020) [2024] KECPT 1537 (KLR) (11 October 2024) (Ruling)

Neutral citation: [2024] KECPT 1537 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 381 of 2020

CN Mugambi, Chair

October 11, 2024

Between

John Waicua Kungu

Tenant

and

Geoffrey Gichuhi

1^st Respondent

Takim General Agencies Limited

2^nd Respondent

Ruling

1.The Tenant’s notice of motion dated 23.8.2024 seeks to review, set aside and/or vacate the orders issued on 19.8.2024. The Tenant also seeks an order staying the enforcement of the Landlord’s notice to terminate tenancy dated 28.6.2021, an order reinstating all the inherent and substantial orders issued by the Tribunal and an order of injunction restraining the Landlord and the 2^nd Respondent from in any way interfering with the Tenant’s quiet use and occupation of the suit premises.

2.The Tenant has sworn an affidavit in support of his Application wherein he has deponed that the dismissal of his Reference on 19.8.2024 has exposed him to imminent danger of eviction by the Respondents.

3.The Tenant has also deponed that Counsel for the Landlord while applying for the dismissal of the Reference did not inform the Tribunal that the Tenant had already filed his compliance documents and it is indeed the Landlord who had not complied with court orders as far as compliance was concerned.

4.The Tenant has further deponed that at the time the matter was dismissed, his Advocate was indisposed and therefore failed to log in and indeed on 20.8.2024, Counsel had a minor injury conducted upon him at Nazareth Hospital and was still recuperating at the time the Affidavit was sworn and filed.

5.The Tenant also depones that the Respondents have embarked on eviction processes against the Tenant despite the existence of court orders issued on 16.4.2020 and confirmed on 7.05.2020.

6.On 18.9.2024, the court made the following orders;-“The Landlord is allowed to file and serve the Replying affidavit within three days with corresponding leave to the Tenants to file a further affidavit within seven days together with submissions. The Landlord will have seven days upon service to file their submissions.”

7.At the time of writing this Ruling, the Landlord has not opposed the Tenant’s Application for review. The Respondents have not filed any responses to the Tenant’s Application which therefore remains unopposed.

8.I have read the reasons given by the Tenant for the absence of his Counsel on 19.8.2024. It has been deponed that the Counsel for the Tenant was indisposed on 19.8.2024 and was actually operated on, on 20.8.2024. that deposition has not been contested and I have no reasons not to believe the same.

9.In the circumstances, I allow the Application by the Tenant dated 23.8.2024.

10.The parties shall forthwith fix the Reference for directions.

DATED, SIGNED AND DELIVERED VIRTUALLY THIS 11^TH DAY OF OCTOBER,2024HON. CYPRIAN MUGAMBICHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Mr. Kemboi holding brief for Ms. Waceke for the landlord and in the presence of Mr. Karanja for the Tenant.Court: Mention on 29.10.2024 for further directions.