Josephat Kabinga Wagocho v David Chege Mwangi [2021] KEBPRT 153 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 153
- Citation
- [2021] KEBPRT 153 (KLR)
- Decided
- 5 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureAppeal from a previous rulingCoramHON. GAKUHI CHEGE
Holding
The issues raised are res judicata and the application is dismissed with costs.
Facts
The landlord sought to levy distress for rent arrears and evict the tenant, while the tenant argued the landlord did not come to court with clean hands and the application was an abuse of process.
Issues
- Res Judicata
- Abuse of Process
Reasoning
The court found the landlord's application to be res judicata due to the previous ruling in Embu BPRT No. E001 of 2021, and dismissed the application as an abuse of process.
Outcome
Dismissed with costs
Orders
- The application is dismissed with costs of Kshs.25,000/- to the Respondent.
Authorities cited
Cases cited (3)
- Kenya Commercial Bank Limited – vs- Benjoh Amalgamated Limited (2017) eKLR
- Independent Electrol & Boundaries Commission – vs- Maina Kiai & 3 others (2017) eKLR
- Mburu Kinyua – vs- Gachini Tutu (1978) KLR 69
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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