Nimo Sheikh Mohammed v Ewaso Petroleum Ltd [2021] KEBPRT 414 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

VIEW PARK TOWERS 7TH & 8TH FLOOR

TRIBUNAL CASE NO. 125  OF 2020  (NAKURU)

NIMO SHEIKH MOHAMMED.....................................LANDLORD/RESPONDENT

VERSUS

EWASO PETROLEUM LTD...................................................TENANT/APPLICANT

RULING

1. By a motion dated 14th September 2020, the Applicant/Landlord is seeking for an order of vacant possession of the business premises known as CIS-MARA/OLELESHWA/3361, NAROK TOWN against the Tenant/Respondent.

2. I note that the reliefs sought are predicated upon an allegation that the Tenant was served with notice to terminate tenancy dated 6th March 2020 which took effect on 1st June 2020.

3. The Tenant has denied being served with the said notice and avers that the notice annexed to the supporting affidavit is dated 14th September 2020 which was also not served upon it.

4. The Tenant further avers that when the notice of termination was allegedly served, there was a pending case no. 164 of 2019 between the same parties.  The said case was determined on 13th March 2020 directing the Tenant to be paying rent to the Landlord’s advocate.

5. The Tenant avers that pursuant to the said ruling, it has been paying rent to the advocates (Tarus & Co. Advocates) for the Landlord and was not in arrears.

6. I have perused the application and supporting affidavit and note that the Landlord has not annexed any affidavit of service to prove service of the notice to terminate tenancy dated 6th March 2020.

7. The Tenant on the other hand denies service of the notice and there is no way of determining if the said notice was served or not except through a full hearing of the Reference.

8. In the premises, the application dated 14th September 2020 is dismissed with costs in the cause.

9. The main Reference shall be fixed for oral hearing on priority basis.

DATED, SIGNED & DELIVERED THIS 21ST DAY OF JULY,  2021.

HON. GAKUHI CHEGE

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL

In the presence of:

Nimo Sheikh/Landlord

No appearance by Tenant