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Spiegel Interiors Limited v Muthaiga Road Trust Co. Ltd & another [2021] KEBPRT 134 (KLR)

[2021] KEBPRT 134 (KLR) Business Premises Rent Tribunal
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Court
Business Premises Rent Tribunal
Case number
134
Citation
[2021] KEBPRT 134 (KLR)
Decided
5 November 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeRental DisputePostureAppeal from a decision of the Business Premises Rent TribunalCoramHON CYPRIAN MUGAMBI NGUTHARI
Holding

The Tribunal dismissed all applications and ordered the reference and all applications to be dismissed with costs.

Facts

The Tenant, Spiegel Interiors Limited, sought orders to set aside a proclamation and to restrain the Respondents from interfering with the Tenant's quiet enjoyment of the premises. The Respondents were Muthaiga Road Trust Co. Ltd and Knight Frank.

Issues

  1. Whether the Tribunal had jurisdiction to hear the case
  2. Whether the lease agreement was a controlled tenancy

Reasoning

The Tribunal found that the lease agreement was not a controlled tenancy and therefore had no jurisdiction to hear the case.

Outcome

Appeal dismissed

Orders

  • All applications dismissed with costs

Authorities cited

Cases cited (1)
  • Fidelity Commercial Bank Limited Vs Kenya Garage Vehicle Industries Ltd [2017] eKLR
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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