Refrigeration Components Limited v East African Cutural Trust and Afropress Limited [2022] KEBPRT 128 (KLR)

REPUBLIC OF KENYA

IN THE BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO. 206 OF 2020 NAIROBI

REFRIGERATION COMPONENTS LIMITED...........................................................APPLICANT/TENANT

AND

EAST AFRICAN CUTURAL TRUST ANDAFROPRESS LIMITED.....1ST RESPONDENT /LANDLORD

RULING

1. On 12th November 2021, I granted leave to the Tenant to file a reference out of time, the same to be deemed as duly filed together with a valuation report in 30 days.

2. On 7th December 2021 when the matter was mentioned, I was urged to rule with the submissions on record as the Tenant had neither filed a reference out of time nor any valuation report.  Date was taken in court by consent.

3. Having considered the Landlord’s submissions, the only issue left is prayer for increase of monthly rent.

4. Relying on the Landlord’s valuation report by Joe Musyoki Consultants, an increase of Kshs 386,400/- is proposed.

5. I proceed to vacate the ex-parte orders granted in February 2020.

6. The Landlord is at liberty to increase rent from Kshs 150,000/- to Kshs 385,000/- effective from 1st January 2022.  Failure to pay the said rent, the Landlord can proceed and distress without further reference to this Tribunal.

HON A. MUMA

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL

RULING DATED, SIGNED AND DELIVERED VIRTUALLY BY HON A. MUMA THIS 5TH DAY OF JANUARY 2022 IN THE ABSENCE OF THE PARTIES.

HON A. MUMA

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL