Universal Reliance Emporium Limited v Gloria Management [2021] KEBPRT 171 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

VIEW PARK TOWERS 7TH & 8TH FLOOR

TRIBUNAL CASE NO. 333 OF 2020 (NAIROBI)

UNIVERSAL RELIANCE EMPORIUM LIMITED.....TENANT/APPLICANT

VERSUS

GLORIA MANAGEMENT....................................LANDLORD/RESPONDENT

RULING

1. The Applicant’s/Tenant’s application dated 23rd July 2021 came up for hearing on 12th August 2021.  On the said date Mr Kangata counsel for the Tenant was present.  He told the Tribunal that the Respondents had been served but did not appear.  I have perused the affidavit of service filed by the Tenant and sworn by one Amos Mwangi.

2. I am satisfied that the Respondents were served. They have not responded to the application and therefore the same is unopposed.

3. In the circumstances, I will allow the application and grant prayer c of the said application.

4. I further order that the application dated 16th September 2020 and 18th September 2020be fixed for hearing on a priority basis.

5. I do note that the Applicant has made three prayers in its submissions.  Submissions are not pleadings and it is unprocedural for the Tenant to seek such substantive orders by way of submissions.  The request in the submissions for the said orders is declined.

HON. CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

RULING DATED, SIGNED AND DELIVERED VIRTUALLY BY HON CYPRIAN MUGAMBI NGUTHARI THIS 15TH DAY OF OCTOBER 2021 IN THE PRESENCE OF MR KANG’ATTA FOR THE APPLICANT AND IN THE ABSENCE OF THE RESPONDENT.

HON. CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL