Nucleaur Investments Limited v Kung’u [2022] KEBPRT 220 (KLR)

Nucleaur Investments Limited v Kung’u (Tribunal Case 308 of 2021) [2022] KEBPRT 220 (KLR) (Civ) (17 June 2022) (Ruling)

Neutral citation: [2022] KEBPRT 220 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Civil

Tribunal Case 308 of 2021

Gakuhi Chege, Vice Chair

June 17, 2022

Between

Nucleaur Investments Limited

Applicant

and

Nellie Wanjiku Kung’u

Respondent

Ruling

1. By a motion dated March 22, 2022, the tenant moved this Tribunal seeking inter-alia for my recusal from further conduct of the hearing of this matter and for its referral to the presiding chairperson of the Tribunal for reallocation and directions on the conduct and disposal of the pending application for review.

2. On 22nd, April 2022, the landlord’s counsel sought to be allowed to file a response to the application by close of business on April 25, 2022 and was allowed to do so. The application was therefore fixed for hearing on April 28, 2022.

3. On April 28, 2022, the landlord’s counsel did not appear and had not filed his response to the application as directed. As such the application was set down for ruling on June 17, 2022.

4. In view of the fact that there is no response to the application, the same remains unopposed. As such the same is for allowing.

5. In conclusion therefore, the following orders commend to me:-i.The application dated March 22, 2022 is allowed in terms of prayers 3 and 4 thereof.ii.This matter shall be mentioned before the Hon. Chairman, Cyprian Mugambi on June 30, 2022 for further directions in respect of the application dated January 31, 2022. iii.Costs of the application shall be in the cause.It is so ordered.

RULING SIGNED, DATED AND DELIVERED VIRTUALLY THIS 17TH DAY OF JUNE 2022. HON. GAKUHI CHEGEVICE CHAIRBUSINESS PREMISES RENT TRIBUNALIn the presence of:Misati for the Landlord/RespondentThuku for Tenant/Applicant