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ARMENIANS WIN FIRST ROUND IN HOME RENT PLEA
Story By Jillo Kadida
The Nation, Kenya
May 18 2006
The High court yesterday declined to order two Armenians to deposit
Sh782,460 in court as security for rent arrears.
Mr Justice Festus Azangalala said it was not necessary to give any
orders before the issue was heard fully.
"Having perused the application and heard the submissions, I'm
satisfied that the application is urgent," said the judge.
"I am afraid I am not satisfied that any ex-parte orders are
necessary."
Landlord Sammy Mutinda Musyoki had filed an application against the
brothers Artur Margaryan and Artur Sargasyan over failure to pay rent.
He listed Brotherlink International Limited, whose directors are the
two brothers, as defendants in the case.
And he sought a warrant of arrest against the two to tell court why
they should not furnish security.
He also wanted them stopped from removing their property from the
house on Glory Road in Nairobi's Runda Estate.
Mr Musyoki's lawyer said his client stood to suffer irreparable damage
if the court failed to grant the orders sought.
And in the interest of justice, he said, he was seeking that the
court order the brothers to deposit the sum due in court or provide
security for court attendance.
He said the two were not Kenyans.
Mr Musyoki said there was an allegation that the two might move to
Uganda, and he risked losing what was duly his.
In his suit papers, the landlord said he had entered into an agreement
with the brothers to occupy the premises for one year, starting
February 1, 2006 to January 31, 2007.
He said his search at the registry of companies regarding Brotherlink
had been futile as the file could not be traced.
And when he called Mr Margaryan to enquire about the rent that was
due for the May, June and July quarter, he was promised payment. Mr
Margaryan was to get Real Management Services to release it. But
instead, he said, he received a letter from Real Management Services
terminating the tenancy.
The termination, he believes was unlawful as it breached their earlier
agreement. The rent due for early termination was US$1,458 which
translated to Sh102,060, while the rent due amounted to US$4,860
(Sh340,200).
Hearing was set for May 25 when both parties will argue their case.
Story By Jillo Kadida
The Nation, Kenya
May 18 2006
The High court yesterday declined to order two Armenians to deposit
Sh782,460 in court as security for rent arrears.
Mr Justice Festus Azangalala said it was not necessary to give any
orders before the issue was heard fully.
"Having perused the application and heard the submissions, I'm
satisfied that the application is urgent," said the judge.
"I am afraid I am not satisfied that any ex-parte orders are
necessary."
Landlord Sammy Mutinda Musyoki had filed an application against the
brothers Artur Margaryan and Artur Sargasyan over failure to pay rent.
He listed Brotherlink International Limited, whose directors are the
two brothers, as defendants in the case.
And he sought a warrant of arrest against the two to tell court why
they should not furnish security.
He also wanted them stopped from removing their property from the
house on Glory Road in Nairobi's Runda Estate.
Mr Musyoki's lawyer said his client stood to suffer irreparable damage
if the court failed to grant the orders sought.
And in the interest of justice, he said, he was seeking that the
court order the brothers to deposit the sum due in court or provide
security for court attendance.
He said the two were not Kenyans.
Mr Musyoki said there was an allegation that the two might move to
Uganda, and he risked losing what was duly his.
In his suit papers, the landlord said he had entered into an agreement
with the brothers to occupy the premises for one year, starting
February 1, 2006 to January 31, 2007.
He said his search at the registry of companies regarding Brotherlink
had been futile as the file could not be traced.
And when he called Mr Margaryan to enquire about the rent that was
due for the May, June and July quarter, he was promised payment. Mr
Margaryan was to get Real Management Services to release it. But
instead, he said, he received a letter from Real Management Services
terminating the tenancy.
The termination, he believes was unlawful as it breached their earlier
agreement. The rent due for early termination was US$1,458 which
translated to Sh102,060, while the rent due amounted to US$4,860
(Sh340,200).
Hearing was set for May 25 when both parties will argue their case.