Sheila Wambui v Eliud Mbugua Ndungu [2021] KEBPRT 125 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 125
- Citation
- [2021] KEBPRT 125 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureAppeal from an ex-parte order allowing prayers 3, 4, and 7 of an applicationCoramHON. GAKUHI CHEGE, Wamuyu
Holding
The issues raised in the application dated 29/4/2021 shall be addressed at the full hearing
Facts
The tenant filed a complaint by way of a plaint, but the issues are the same as those in the undermined prayers of the application. The cause of damage to the demised premises is disputed.
Issues
- Whether the mandatory injunctions in the application should be addressed at the full hearing
- The cause of damage to the demised premises
- Whether the mandatory injunctions should be granted
Reasoning
The court found that the issues are the same as those in the undermined prayers of the application and that the cause of damage to the demised premises is disputed. Mandatory injunctions should be addressed at the full hearing.
Outcome
The application was allowed ex-parte in terms of prayers 3, 4, and 7, with the remaining prayers to be addressed at the full hearing.
Orders
- The issues raised in the application dated 29/4/2021 shall be addressed at the full hearing
- The parties are directed to file and exchange witnesses statements and a list of documents for use at the hearing within 30 days
- The costs of the application shall abide the outcome of the main reference
- Hearing of the main reference shall be fixed on a priority basis
Remedies
- Address the issues raised in the application at the full hearing
- File and exchange witnesses statements and a list of documents for use at the hearing within 30 days
- Abide the outcome of the main reference for costs
Authorities cited
Cases cited (2)
- Kenya Breweries Limited & Another v Washington O. Okeyo (2002) eKLR
- Locabail international Finance ltd v Agroexport and others (1986) 1 ALL ER 901
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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