New Solta Ltd v Naivasha Southlake Sacco Ltd [2021] KEBPRT 107 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 107
- Citation
- [2021] KEBPRT 107 (KLR)
- Decided
- 1 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureApplication for Warrant of Injunction
Holding
The Tribunal lacks jurisdiction to hear the matter due to the absence of a tenancy relationship between the Applicant and the Respondent.
Facts
The Applicant, New Solta Ltd, filed a reference and application seeking an injunction. The Respondent, Naivasha Southlake Sacco Ltd, challenged the Tribunal's jurisdiction due to a lack of a tenancy relationship.
Issues
- Whether the Tribunal has jurisdiction to hear the matter
- Whether the Applicant has satisfied the conditions for warrant grant of an injunction
Reasoning
The lease agreement clearly indicates that the Respondent is the Tenant and Landlord is Mrs. Zipporah Njeri under the management of Wainaina Real Estates Ltd. The Applicant is not a party to the lease and there is no evidence of a tenancy agreement.
Outcome
The Tribunal dismissed the application for warrant of injunction.
Authorities cited
Legislation (1)
- Cap 301
Cases cited (3)
- Republic v Chairperson - Business Premises Rent Tribunal at Nairobi & another Ex-Parte Suraj Housing & Properties Limited & 2 others [2016] eKLR
- Pritam vs. Ratilal and Another Nairobi HCCC No. 1499 of 1970 [1972] EA 560
- Re Hebtulla Properties Ltd. [1979] KLR 96; [1976-80] 1 KLR 1195
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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