Supa Duka Nakuru Limited v Baringo United Limited [2018] KEELC 1595 (KLR)

Summary at a glance

Facts

The appellant, Supa Duka Nakuru Limited, appealed against a decision of the Chairman of the Business Premises Rent Tribunal regarding the rent assessment for a ground floor premises in Kenya House, Nakuru Town. The appellant was aggrieved by the proposed rent increase by the landlord, Baringo United Limited.

Issues

• The assessment of rent by the Chairman was improper
• The rent assessment should be based on a differentiated rate for different parts of the let premises

Reasoning

The court held that the rent assessment was improper as it was based on an aggregate of two valuations without giving reasons. The court directed the valuers to revalue the premises and determine the lettable space, which was based on the space agreed by both parties.

Outcome

The appeal was allowed, and the rent payable was determined at Kshs. 78,029/= per month.

Orders

• Rent payable is Kshs. 78,029/= per month
• Rent remains effective for at least the next 5 years
• The parties are advised to have a written contract on the rent payable and how it will be subject to increase

Authorities cited