Wainaina v Kariuki [2022] KEBPRT 852 (KLR)

Wainaina v Kariuki (Tribunal Case E443 of 2022) [2022] KEBPRT 852 (KLR) (Civ) (29 November 2022) (Ruling)

Neutral citation: [2022] KEBPRT 852 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Civil

Tribunal Case E443 of 2022

Gakuhi Chege, Vice Chair

November 29, 2022

Between

Elizabeth Wangui Wainaina

Applicant

and

Margaret Kariuki

Respondent

Ruling

1. On September 1, 2022, this tribunal allowed the tenant’s application dated May 25, 2022 on the admission by counsel for the landlord that the notice given to the tenant was not proper. As such prayers 2,3,4 &5 were allowed and the complaint was marked as settled.

2. On September 12, 2022, the tenant moved this tribunal seeking the same orders as those allowed in the application dated May 25, 2022. Directions in respect of the application were issued on September 12, 2022 for the same to be served for hearing inter-partes on September 16, 2022.

3. On September 16, 2022, the Tenant applied to withdraw the said application and sought for hearing of his application dated May 25, 2022 on October 27, 2022. The said application was allowed.

4. On October 27, 2022, the application dated May 25, 2022 was fixed for ruling on November 29, 2022. From the foregoing analysis, it is clear that the directions given on September 16, 2022 fixing the application dated May 25, 2022 for hearing and subsequent directions fixing it for ruling were made in error as the said application had already been conclusively dealt with on September 1, 2022.

5. Consequently and in exercise of the powers conferred upon this tribunal by section 12(1) (i) to vary or rescind any order made by it under the provisions of cap 301, laws of kenya, i proceed to set aside the said directions and order this file closed with no orders as to costs on the proceedings taken after 1st September 2022. It is so ordered.

RULING DATED, SIGNED & VIRTUALLY DELIVERED THIS 29TH DAY OF NOVEMBER 2022. HON. GAKUHI CHEGEVICE CHAIRBUSINESS PREMISES RENT TRIBUNALRuling delivered in the presence of:Gicheha for the RespondentNo appearance for the Applicant