Restitution Chambers Kenya Limited v Akiba Properties Kenya Limited; Scolastica Wambui Kibathi(Intended Interested Party/Respondent) [2021] KEBPRT 100 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 100
- Citation
- [2021] KEBPRT 100 (KLR)
- Decided
- 5 November 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureRespondent's preliminary objection to be dismissedCoramHON. GAKUHI CHEGE
Holding
Preliminary objection is dismissed
Facts
Restitution Chambers Kenya Limited has been operating a commercial business since 2014 and claims to have a landlord-tenant relationship with Akiba Properties Kenya Limited over property L.R No. 414/94.
Issues
- Lack of landlord-tenant relationship
- Invalid resolution approving proceedings
- Invalid resolution appointing advocates
- Suit is defective
Reasoning
The court held that the issues raised by the respondent are matters of evidence and cannot be the subject matter of a preliminary objection.
Outcome
Preliminary objection dismissed
Orders
- Matter shall proceed for determination of the issues in dispute in the normal manner
- Mention on 19/11/2021 for directions on the hearing
Authorities cited
Cases cited (2)
- Oraro vs Mbaja (2005) eKLR
- Mukisa Biscuits Manufacturing Co. Ltd vs West and Distributors Ltd (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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