Abdirahaman Siyat Salat v Farah Ali Bare [2021] KEBPRT 146 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 146
- Citation
- [2021] KEBPRT 146 (KLR)
- Decided
- 12 November 2021
The court has the power to review or vary its earlier orders, and the Tenant must satisfy one of the conditions under Order 45 Rule 1 of the Civil Procedure Rules to succeed in the application.
Facts
The Tenant and Landlord entered into a tenancy agreement in 2016, with the Tenant paying monthly rent of Kshs. 100,000. The Landlord served a notice to terminate the tenancy in 2019 due to arrears of Kshs. 2,391,000. The Tenant filed a reference seeking eviction.
Issues
- Whether the Tenant has made out a case to justify the review and setting aside of orders issued by the court on 11th October 2019.
- Whether the court has the power to order a stay of execution by the Landlord pending hearing and determination of the parties' submissions.
Reasoning
The court must consider whether the Tenant has discovered new and important matter or evidence, made a mistake or error on the face of the record, or has another sufficient reason to review the earlier orders.
Outcome
The court ordered the application to be heard at the 1st instance, a stay of execution by the Landlord pending hearing, and set aside the subsequent orders to allow taking of accounts of the whole rent paid by the Tenant against the Landlord's receipt.
Orders
- Order to hear the application at the 1st instance.
- Order to stay execution by the Landlord pending hearing.
- Order to review and set aside the order dated 11th October 2019 and set aside subsequent orders to allow taking of accounts of the whole rent paid by the Tenant against the Landlord's receipt.
Remedies
- Stay of execution by the Landlord pending hearing.
- Review and set aside the order dated 11th October 2019 and set aside subsequent orders to allow taking of accounts of the whole rent paid by the Tenant against the Landlord's receipt.
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, CAP 301 Laws of Kenya
- Civil Procedure Rules
Cases cited (2)
- Spares Corner (K) Ltd. v Maram Noormohamed, Abdul Hamid Noormohamed, Ismael Noormohamed (2003) eKLR
- Transallied Limited v Sakai Trading Limited (2016) eKLR
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