David M Memreka t/a Mereka & Co Advocates v Ukulima Co-operative Savings & Credit Society [2019] eKLR Case Summary

Court
Business Premises Rent Tribunal at Nairobi
Category
Civil
Judge(s)
Mbichi Mboroki, Chairman
Judgment Date
November 22, 2019
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of David M Memreka t/a Mereka & Co Advocates v Ukulima Co-operative Savings & Credit Society [2019] eKLR, highlighting key legal insights and implications of the judgment.

Case Brief: David M Memreka t/a Mereka & Co Advocates v Ukulima Co-operative Savings & Credit Society [2019] eKLR

1. Case Information:
- Name of the Case: David M. Memreka T/A Mereka & Co Advocates v. Ukulima Co-operative Savings & Credit Society
- Case Number: Tribunal Case No. 89 of 2018
- Court: Business Premises Rent Tribunal, Nairobi
- Date Delivered: November 22, 2019
- Category of Law: Civil
- Judge(s): Mbichi Mboroki, Chairman
- Country: Kenya

2. Questions Presented:
The central legal issue presented to the Tribunal was the assessment of the Landlord's bill of costs in relation to a rent dispute between the Tenant and the Landlord.

3. Facts of the Case:
The parties involved in this case are David M. Memreka, trading as Mereka & Co Advocates, who is the Tenant/Applicant, and Ukulima Co-operative Savings & Credit Society, who is the Landlord/Respondent. The dispute arose concerning the assessment of rent, with the current rent payable by the Tenant being Shs 78,300, while the agreed rent by consent was Shs 130,500. This resulted in a monthly difference of Shs 52,200 and an annual difference totaling Shs 626,000.

4. Procedural History:
The case was initially filed with the Tribunal where the reference regarding the rent assessment was settled by mutual consent. The Landlord subsequently filed a bill of costs dated March 28, 2019, which was recorded in the Tribunal on March 29, 2019. The Tribunal was tasked with determining the costs payable to the Landlord based on the Advocate's Remuneration Orders.

5. Analysis:
- Rules: The Tribunal relied on section 6 of Schedule 8 of the Advocate’s Remuneration Orders, which stipulates the criteria for determining costs payable in such disputes. The relevant provision indicated that costs should be assessed on a lower scale in this instance.

- Case Law: The Tribunal did not cite specific previous cases in the ruling; however, the application of the Advocate’s Remuneration Orders reflects established legal standards for assessing legal fees and costs in landlord-tenant disputes.

- Application: The Tribunal calculated the total instruction fees based on the lower scale, arriving at Shs 30,028. Additionally, the court fees were documented as Shs 46,980. The total taxed amount from the Landlord's bill of costs was ultimately determined to be Shs 34,676, leading to a total payable amount of Shs 135,583. The Tribunal ordered that the Tenant must pay this amount within 60 days of being served with a certified copy of the order, failing which the Landlord could recover the amount through distress.

6. Conclusion:
The Tribunal ruled in favor of the Landlord, taxing the bill of costs at Shs 135,583. This decision underscores the procedural adherence to the Advocate’s Remuneration Orders and emphasizes the importance of compliance with payment timelines in landlord-tenant disputes.

7. Dissent:
There was no dissenting opinion recorded in this case, as the ruling was delivered by the Chairman in the absence of the Tenant's Advocate.

8. Summary:
The Business Premises Rent Tribunal ruled on the assessment of the Landlord’s bill of costs, ultimately determining a payable amount of Shs 135,583 by the Tenant. This case highlights the procedural framework governing landlord-tenant relationships in Kenya and the importance of adhering to established remuneration guidelines in legal disputes.

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