Annie Wanjiku Kibeh t/a Aniq Elegance Fashion Trends v Juja City Mall Limited & another [2022] KEBPRT 208 (KLR)

Annie Wanjiku Kibeh t/a Aniq Elegance Fashion Trends v Juja City Mall Limited & another (Tribunal Case E640 of 2021) [2022] KEBPRT 208 (KLR) (Civ) (20 April 2022) (Ruling)

Neutral citation: [2022] KEBPRT 208 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Civil

Tribunal Case E640 of 2021

Gakuhi Chege, Vice Chair

April 20, 2022

Between

Hon. Annie Wanjiku Kibeh t/a Aniq Elegance Fashion Trends

Tenant

and

Juja City Mall Limited

Landlord

and

Auckland Agencies Auctioneers

Respondent

Ruling

1. On January 18, 2022, this Tribunal directed the landlord’s counsel to file evidence of vacant possession in respect of the suit premises and ensure that the replying affidavit of the landlord was on record.

2. In compliance with the said directions, the landlord’s counsel availed the replying affidavit sworn on December 7, 2021 by James Kiniiya Gachiri, the Managing Director of the 1st respondent. She also filed her sworn further affidavit of January 28, 2022 confirming that indeed the tenant had already vacated the demised premises and a new tenant had taken possession thereof.

3. Among the documents attached to the further affidavit and marked ‘PWN-1’ is a copy of letter of offer dated January 7, 2022 which was duly executed by the new tenant on January 18, 2022.

4. In the premises, it is clear that the landlord/tenant relationship herein has ceased and this Tribunal no longer has jurisdiction to entertain further proceedings herein.

5. As such the reference and application dated November 1, 2021 are hereby marked as withdrawn with no order as to costs.It is so ordered.

RULING DATED, SIGNED AND DELIVERED THIS 20TH DAY OF APRIL 2022. HON. GAKUHI CHEGEVICE CHAIRBUSINESS PREMISES RENT TRIBUNALIn the presence of:Miss Wanjiku holding brief Gachie for the RespondentsMwangi for the Tenant.