Subroutech Autogarage Limited v Hanifa Ghalib Abdulkarim (Sued On Her Behalf And As A Legal Representative Of The Estate Of Ghalib Abdulkarim) [2021] KEBPRT 364 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

VIEW PARK TOWERS 7TH & 8TH FLOOR

TRIBUNAL CASE NO. 74  OF 2021  (MOMBASA)

SUBROUTECH AUTOGARAGE LIMITED......…..…TENANT/APPLICANT

VERSUS

HANIFA GHALIB ABDULKARIM (sued on her behalf and as a legal representative of the estate of Ghalib Abdulkarim)………………………………………..LANDLORD/RESPONDENT

RULING

The Applicant herein filed a Reference dated 16/3/2021 together with an application dated the same date.

Exparte conservatory orders were granted to the applicant on the 17/3/2021 with an interpartes date given.

On the 30/4/2021 the Respondent’s advocate attended and requested for time to file proper responses to the application and Reference.

When the matter came up for hearing interpartes on the 13/5/2021 only the advocate for the Respondent was present.

The Respondent filed an affidavit of service dated 3/5/2021 deponed by one Rehema Salim and annexed a properly received hearing notice.  The hearing notice had been served on the 30th April, 2021 and bear the stamp of the Applicant’s advocates on the face.

The Respondent’s filed a Replying affidavit and a notice of preliminary objection in opposition of the application dated 16/3/2021.

I shall not dwell on the issues brought to fore by the application and the responses thereto, considering the fact that the applicant did not appear before me to canvass the application albeit being duly served with the day’s date.

The absence of the Applicant only shows lack of interest in the application after getting interim orders exparte and I am inclined to dismiss the application dated 16/3/2021 with costs of Kshs.20,000/- to the Respondent for non attendance.

It is so ordered.

Dated, Signed and delivered this 29th day of July, 2021.

HON. P. MAY

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL

29/7/2021

No appearance for the parties