James Njuguna Nambura & another v Geoffrey Kamau Waweru & 2 others [2020] KEBPRT 63 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 63
- Citation
- [2020] KEBPRT 63 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePremises Rent TribunalPosturePreliminary Objection DismissedCoramMBICHI MBOROKI
Holding
The 1st Respondent's preliminary objection is dismissed.
Facts
The suit premises were destroyed by fire and do not exist. The parties disagree on the effect of this destruction on the Tribunal's jurisdiction.
Issues
- Effect of destruction of premises by fire on the Tribunal's jurisdiction
- Whether the premises can be made tenantable again
Reasoning
The destruction of premises by fire does not terminate a tenancy. The Tribunal resolves the issue based on the terms and conditions of tenancies.
Outcome
Preliminary Objection Dismissed
Orders
- 1st Respondent's preliminary objection is hereby dismissed
- The costs of the preliminary objection shall abide the outcome of the application dated 31st July 2018
- The Tenant/Applicant shall fix the hearing date of the application dated 31st July 2018 at the registry on priority basis
Authorities cited
Cases cited (1)
- Mukisa Biscuit Case 1969 EA 696
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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