David M Memreka t/a Mereka & Co Advocates v Ukulima Co-operative Savings & Credit Society [2019] KEBPRT 10 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO 89 OF 2018 NAIROBI

DAVID M. MEMREKA T/A

MEREKA & CO ADVOCATES................................TENANT/APPLICANT

VERSUS

UKULIMA CO-OPERATIVE

SAVINGS & CREDIT SOCIETY....................LANDLORD/RESPONDENT

RULING

The subject matter of this ruling is the Landlord’s bill of costs dated 28th March 2019 which was filed in the Tribunal on29th March 2019.  The record of the Tribunal shows that the reference before the Tribunal was settled by consent.  Under section 6 of Schedule 8 of the Advocate’s Remuneration Orders, the costs payable to the Landlord/Respondents are on the lower scale.  There is no fees for getting up for trial which can be paid in the circumstances of this case.

The subject matter of this reference which was for rent assessment can be determined under 5(a) of the Advocate’s Remuneration Order.  Current rent payable by the Tenant shs 78,300.

Agreed Rent by Consentshs 130,500/-.

Monthly difference

Shs      52,200

Annual difference rent        shs 626,000

Firstshs      250,000 on lower scale shs 22,500

2% of the balance    376,400 ie 7,528.

Total instruction fees is      22,500

+ shs     7528

shs      30,028.

The receipts in respect of the court fees isshs    46,980. 00

It is in the court file.

The total amount taxed from the Landlord’s bill of costs is shs 34,676

Total Payable Shs 135,583.

Order

1.  The Tribunal taxes the Landlord’s bill dated 28th March 2019 at shs 135,583.

2.  The Tenant shall pay the costs within 60 days from the date of being served with a certified copy of the order in default the Landlord shall recover the same by way of distress.

Ruling dated and delivered this22nd day of November 2019 in the presence of Kithinji holding brief for Mr Mbaabu for the Landlord.  Advocate for theTenant absent.

MBICHI MBOROKI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL