Dish Limited v Michael Osundwa Sakwa t/a Osundwa & Co Advocates Ltd & Multistage Investment Limited [2021] KEBPRT 69 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

VIEW PARK TOWERS 7TH & 8TH FLOOR

TRIBUNAL CASE NO. E218 OF 2021 (NAIROBI)

DISH LIMITED………..…………..………………………………………………TENANT/APPLICANT

VERSUS

MICHAEL OSUNDWA SAKWA T/A

OSUNDWA & CO ADVOCATES LTD……………………………….LANDLORD/1ST RESPONDENT

MULTISTAGE INVESTMENT LIMITED…………………………….……………2ND RESPONDENT

RULING

1. The Tenant’s/Applicant’s notice of motion application dated 21st July 2021 seeks the following orders;

a. Spent.

b. That the Tribunal declares the tenancy as controlled.

c. That the Landlord/1st Respondent and 2nd Respondent be temporarily prohibited and restrained from unlawfully evicting the Tenant from LR No. 8734/27 Lavington, Nairobi respectively pending the hearing and determination of this application.

d. That the Landlord/1st Respondent and 2nd Respondent be temporarily prohibited and restrained from unlawfully interfering with the Tenant’s use and occupation of the premises LR No 3734/27 Lavington pending the hearing and determination of this application.

e. That the OCS Muthangari Police Station do enforce the orders above.

f. Costs.

2. The application is brought on the grounds set out on the face of the said application and the affidavit of Collins Ng’etich a Director of the Tenant herein.  I have read the same.

3. This matter came up for hearing under certificate of urgency on 21st June 2021 and the Tribunal ordered that the same be served for hearing on 14th July 2021.

4. On 14th July 2021, Mr Ongeri appeared for the Tenant/Applicant and the Respondents though served did not appear.  The application was ordered to be heard on 23rd August 2021.

5. On 23rd August 2021, Miss Lichuma appeared for the Landlord and Mr Ongeri for the Tenant.  On the said date, the Landlord was granted fourteen days to file and serve their responses.  The matter was fixed for mention on 24th September 2021.

6. On 24th September 2021, Mr Ongeri appeared for the Tenant but there was no appearance by the Landlord or counsel though the date was fixed by consent.  Mr Ongeri informed the Tribunal that the Landlord had not filed any responses.

7. As things stand now, the application by the Tenant is unopposed.  The averments therein remain uncontroverted.  I have no reason to doubt the same.

8. In the circumstances, I will allow the Tenant’s application dated 21st July 2021 as prayed, but with the rider that prayer d of the application is granted pending the hearing and determination of the reference dated 20th June 2021.

CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

Ruling dated, signed and delivered in virtually by Hon Cyprian Mugambi Nguthari this3rdday of December, 2021 in the absence of the parties.

HON. CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL