Duncan Muthee Michuki v Fauzia Farah Mohamed & Jamar Estate Agents Limited [2021] KEBPRT 225 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

VIEW PARK TOWERS 7TH & 8TH FLOOR

TRIBUNAL CASE NO. 85  OF 2019  (NYERI)

DUNCAN MUTHEE MICHUKI......................................................APPLICANT/TENANT

VERSUS

FAUZIA FARAH MOHAMED.......................................1ST  RESPONDENT/LANDLORD

JAMAR ESTATE AGENTS LIMITED.......2ND RESPONDENT/LANDLADY’S AGENT

RULING

1. The application dated 9th September 2019 was granted ex-parte on 9th September 2019 by Hon. Mbichi Mboroki Chairman (as he then was) pending the hearing and determination of the suit.

2. I have perused the record and have not seen any response to the application by the Respondents.

3. On 17th March 2021, counsel for the Landlord indicated that he intended to file a preliminary objection and a reply to the suit.  None was filed thereafter.

4. In the premises, I find and hold that the application is not opposed and hereby confirm the orders given on 9th September 2019 pending the hearing of the reference in terms of prayer 2 thereof.

5. I direct that costs of the application shall abide the outcome of the main reference.

It is so ordered.

DATED, SIGNED AND DELIVERED THIS 24TH DAY OF SEPTEMBER 2021 VIRTUALLY.

HON. GAKUHI CHEGE

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL

In the presence of:-

Muthoni Kibara for the Respondents

No appearance for the Applicant