Pabari Harikrishna Premji t/a Pramukh Supplies & 2 others v Velji Khimji Maroo [2021] KEBPRT 370 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 370
- Citation
- [2021] KEBPRT 370 (KLR)
- Decided
- 9 August 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from a previous determinationCoramHON A. MUMA, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding
The rent payable by the Tenants is determined to be KShs. 93,743.70 for Pramukh Supplies and KShs. 78,202 for Shreeji Ceramics, with an escalation clause at 10% every 3 years.
Facts
The Landlord sought to increase the rent for two business premises, but the Tenants filed a reference to the Tribunal. The Tribunal ordered a joint valuation report, which was prepared and filed. The Tribunal then determined the rent payable based on the joint valuation report.
Issues
- What is the rent payable by the Tenants based on the joint valuation report undertaken by the valuers of both parties?
Reasoning
The Tribunal considered the joint valuation report and the time value of money, choosing the highest rent from the comparables to determine the open market rental value.
Outcome
The appeal is upheld.
Orders
- The rent payable by the tenant in BPRT No. 399/2015 Pramukh Supplies is assessed at KShs. 93,743.70 with effect from 1st July 2015 exclusive of service charge and taxes.
- The rent payable by the tenant in BPRT No. 400/2015 Shreeji Ceramics is assessed at KShs. 78,202 with effect from 1st July 2015 exclusive of service charge and taxes.
- There be provided for an escalation clause at 10% every 3 years to cover for inflation and time value of money from the date of this judgement.
- Parties do reconcile their accounts to determine the amount the Landlord is entitled to of the monies now held in the joint account within the next 30 days failure to which they will be at liberty to apply for further direction on the sums.
- The Landlord shall have costs.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301 Laws of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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