Prince Kinyua Gathuita t/a Talcom Communication v Gatakaini Investment Limited [2020] eKLR Case Summary

Court
Business Premises Rent Tribunal at Nairobi
Category
Civil
Judge(s)
Mbichi Mboroki (Chairman)
Judgment Date
May 26, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Prince Kinyua Gathuita t/a Talcom Communication v Gatakaini Investment Limited [2020] eKLR, analyzing the key legal findings and implications for business law.

Case Brief: Prince Kinyua Gathuita t/a Talcom Communication v Gatakaini Investment Limited [2020] eKLR

1. Case Information:
- Name of the Case: Prince Kinyua Gathuita T/A Talcom Communication v. Gatakaini Investment Limited
- Case Number: BPRT 350 of 2015
- Court: Business Premises Rent Tribunal, Nairobi
- Date Delivered: 26th May 2020
- Category of Law: Civil
- Judge(s): Mbichi Mboroki (Chairman)
- Country: Kenya

2. Questions Presented:
The court must resolve the following central legal issues:
- Whether to grant a stay of the orders made by the Chairman on 18th December 2018 and 28th November 2018.
- Whether to vary or set aside the aforementioned orders and any consequential orders.

3. Facts of the Case:
The parties involved are Prince Kinyua Gathuita, trading as Talcom Communication (Tenant/Applicant), and Gatakaini Investment Limited (Landlord/Respondent). The case revolves around a dispute concerning rent assessment. The Tenant filed a notice of motion on 11th February 2019 seeking a stay of previous orders and requesting that those orders be set aside. The background facts indicate that the case has been pending due to delays attributed to the Landlord's legal representation, particularly regarding their absence during a scheduled hearing on 20th November 2018.

4. Procedural History:
The case has progressed through several key stages:
- On 27th September 2018, the parties agreed to a hearing date of 20th November 2018.
- The hearing proceeded on 20th November 2018 in the absence of the Landlord's advocate, leading to the Tribunal taking evidence from the Tenant's valuer.
- Subsequent orders were issued on 18th December 2018 and 28th November 2018, which the Tenant now seeks to challenge through the current application.

5. Analysis:
- Rules: The Tribunal considered the relevant rules governing the Business Premises Rent Tribunal and the processes for challenging or appealing orders made within such proceedings.
- Case Law: The Tribunal did not explicitly cite previous cases; however, it implied the necessity for parties to understand the procedural requirements and the importance of presence during hearings to avoid delays.
- Application: The Tribunal found that the Landlord's application for a stay was without merit, as there were no substantive orders capable of being set aside. The Tribunal emphasized the need for the Landlord to file appropriate applications in the correct matters and noted that the delays were due to their failure to engage properly with the Tribunal's processes.

6. Conclusion:
The Tribunal ruled that the Landlord’s application dated 11th February 2019 was dismissed with costs awarded to the Tenant. The Tribunal varied its previous orders to allow for the cross-examination of the Tenant's valuer and required the Landlord to present its own valuer for evidence. This ruling aims to expedite the resolution of the rent assessment dispute.

7. Dissent:
There were no dissenting opinions noted in the ruling, as the decision was made by the Chairman of the Tribunal.

8. Summary:
The outcome of this case reinforces the importance of procedural adherence in tribunal hearings and the consequences of failing to attend scheduled hearings. The Tribunal's decision to dismiss the Landlord's application and to vary its prior orders underscores the commitment to advancing the resolution of ongoing disputes in a timely manner. The ruling serves as a reminder to landlords and tenants alike about the necessity of active participation in legal proceedings to protect their interests.

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