Samuel Nyambane t/a Metrix Educational Centre And Computer Training v Sannex Enterprises Auctioneers & Tysons Limited [2021] KEBPRT 234 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

VIEW PARK TOWERS 7TH & 8TH FLOOR

TRIBUNAL CASE NO. 111  OF 2021

(NAIROBI)

SAMUEL NYAMBANE T/A METRIX EDUCATIONAL CENTRE

AND COMPUTER TRAINING……………….………………….TENANT/APPLICANT

VERSUS

SANNEX ENTERPRISES AUCTIONEERS.........1ST RESPONDENT/AUCTIONEERS

TYSONS LIMITED……………………..........………..2ND RESPONDENT/LANDLORD

RULING

1. The landlord has moved this Tribunal by a bill of costs dated 16th June 2021 seeking for assessment of costs pertaining to the instant reference.

2. The schedule applicable for purposes of assessment of the said costs is schedule VIII of the Advocates Renumeration (Amendment) order, 2014.

3. The reference herein was on 13th May 2021 marked as withdrawn with costs to the Respondents.

4. The amount indicated to have been in arrears is Kshs.372,030/- as at 31st January 2021 which I will use as the basis for computing instructions fee at Kshs.35,000/-.  I therefore allow item 1 of the bill as prayed.

5. I tax off item 2 as the same has already been catered for under item 1.

6. I shall allow a sum of Kshs.1400/- in respect of items 3 & 4 and tax off Kshs.700/- from each item since no hearing took place on both days.

7. Items 5,6,7,8,10 and 11 are allowed as prayed.

8. A sum of Kshs. 700/- is taxed off from item 12.

9. Items 13 and 14 are allowed as prayed.

10. Item 15 is assessed at Kshs.1400/- and I therefore tax off Kshs.700/-.

11. All items on disbursements are hereby allowed.

12. The total amount taxed off is Kshs.18,500/-.

13. The Respondents’ bill of costs is therefore taxed at Kshs.52,100/-.

It is so ordered.

DATED, SIGNED & DELIVERED THIS 13TH DAY OF SEPTEMBER 2021.

HON. GAKUHI CHEGE

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL

Ruling read in the absence of the parties.

HON. GAKUHI CHEGE

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL