Premji t/a Pramukh Supplies & 2 others (t/a Shreeji Ceramics) v Maroo (Tribunal Case 399 & 400 of 2015 (Consolidated)) [2022] KEBPRT 865 (KLR) (Civ) (20 December 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 865
- Citation
- [2022] KEBPRT 865 (KLR)
- Decided
- 20 December 2022
The tribunal dismisses the landlord's Notice of Preliminary Objection and allows the tenants' application, adjusting the rent and other terms of the lease.
Facts
The landlord sought to increase rent from Kshs 50,000 to Kshs 120,000 for Pramukh Supplies and from Kshs 70,000 to Kshs 120,000 for Shreeji Ceramics. The tenants protested and filed a reference to the tribunal. Both parties filed separate valuation reports, and the tribunal ordered a joint valuation report.
Issues
- Whether the tenants' application for review of the orders meted out in the tribunal ruling dated August 9, 2021, should be granted
- Whether there was an error in the valuation of the lettable area
Reasoning
The tribunal finds that the tenants discovered new evidence that the lettable area used for valuation included a portion of the premises that had been earlier surrendered. The tribunal also identifies an error in the valuation of the lettable area.
Outcome
The tribunal's ruling is upheld, and the landlord is ordered to adjust the rent and other terms of the lease.
Orders
- Adjust the rent for Mezzanine to 57.14 per square foot until October 31, 2018
- Release monies deposited to the landlord
- Reconcile accounts within 14 days
- Tenant to offset the balance due to landlord by January 30, 2023
- Landlord to have costs
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
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