Esquire Limited v National Fund for the Disabled of Kenya [2021] KEBPRT 58 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

VIEW PARK TOWERS 7TH & 8TH FLOOR

TRIBUNAL CASE NO. 714 OF 2018 (NAIROBI)

ESQUIRE LIMITED.........................................................................TENANT/APPLICANT

VERSUS

NATIONAL FUND FOR THE DISABLED OF KENYA....LANDLORD/RESPONDENT

RULING

1. The Tenant’s/Applicant’s application dated 7th July 2021 seeks the following orders;

a. Spent.

b. Spent.

c. That the Applicant herein be allowed to file its valuation report.

d. That the costs of the application be provided for.

2. The application is based on the grounds on the face of the said application and supported by the affidavit of James Ichaura Wachira and which I summarize as follows;

a. That when this matter came up for mention on 18th May 2021, the Applicant was unable to log in and the court gave directions on the judgement date.

b. That the Applicant’s valuation is ready.

3. A perusal of the court proceedings reveals the following activities;

a. On 1st March 2021, Mr Paul Maina appeared for the Landlord and Mr Wachira appeared for the Tenant.  On that day, the reference was fixed for hearing on 7th April 2021.

b. On 7th April 2021 Mr Maina and Mr Wachira appeared for the Landlord and Tenant respectively.  On that day, both parties were granted twenty one (21) days to file their valuation reports and the matter was fixed for mention on 11th May 2021.

c. On 11th May 2021, Mr Maina appeared for the Landlord but there was no appearance for the Tenant.  Mr Maina informed the court that his client’s valuation report was ready and filed but the Tenant had not filed his valuation report.  The matter was ordered to be mentioned on 18th May 2021 to confirm the filing of the valuation reports.

d.On 18th May 2021, Mr Paul Maina appeared for the Landlord.  He sought a date for ruling based on the valuation reports.  The Tenant had not filed its valuation report.  The matter was set down for ruling on 18th June 2021.

4. The Tenant/Applicant has not given any reasons why its valuation report was not filled in court from 7th April 2021 to 18th May 2021.  The only reason given by the Tenant is that it tried through its advocate to file its valuation report with no success as the file was pending judgement and thus not accessible!  The Tenant does not explain what efforts it had made to file the report before 18th May 2021when the matter was fixed for hearing.  in view also of the fact that filings at the Tribunal are electronic, I am not sure the absence of the physical file was a bar to the filing of the valuation report.

5. The ruling in this matter was read on 18th June 2021 as scheduled.  As things stand, the Tenant has not sought to have that judgement set aside or varied.  Allowing the Tenant to file its valuation report in the circumstances would serve no useful purpose.

6. The application dated 7th July 2021 therefore has no merit and the same is dismissed with no order as to costs.

HON. CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

RULING DATED, SIGNED AND DELIVERED VIRTUALLY BY HON CYPRIAN MUGAMBI NGUTHARI THIS 3RD DAY OF DECEMBER 2021 IN THE PRESENCE OF MR KINYUA FOR THE TENANT AND IN THE ABSENCE OF THE LANDLORD AND COUNSEL.

HON. CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL