RULING OF THE COURT
The application before us relates to the decision dated 27th September, 2012 made by Odunga, J. an application dated 16th July, 2012 seeking review of an order by Mwera, J. refusing to set aside interlocutory judgment and to grant leave to the defence in Nbi HCCC No.53 of 2009.
Briefly, the facts of the case were that the respondent’s late father Mr. Anantrai Raval and the applicant M/s Afapack Enterprises Limited entered into a tenancy agreement dated 31st August, 2004. The agreement which was for a period of two years created a controlled tenancy that was subject to the provisions of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Chapter 301 Laws of Kenya (The Act).
Sometimes in March, 2008, the respondent sought to increase the rent of the premises by 25%, and on 9th July 2008 the respondent filed Tribunal Case No. 443 of 2008 before the Business Premises Rent Tribunal (The Tribunal), challenging the rent increase. While this reference was …