Tom Oluoch t/a Doorstep Salon v Kenya Conference of Catholic Bishops & another; Adam Kangethe t/a Garam Investements (Auctioneers/Respondent) [2021] KEBPRT 180 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 180
- Citation
- [2021] KEBPRT 180 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureRespondents filed a preliminary objection and sought restraining orders.CoramHON. GAKUHI CHEGE, Miss Mwirigi
Holding
The Tribunal lacks jurisdiction over the six-year lease term as it is not a controlled tenancy under the Landlord and Tenant Act.
Facts
The tenant signed a letter of offer for a six-year lease starting from January 1, 2019, and the landlord and auctioneer respondents contested the tenancy term.
Issues
- Tribunal's jurisdiction over the six-year lease term
- Abuse of court process
Reasoning
The Tribunal ruled that the lease term of six years is not controlled under the Act, thus lacking jurisdiction.
Outcome
The preliminary objection is upheld, and the application is struck out.
Orders
- Preliminary objection dated 14th June 2021 is upheld.
- Application dated 7th May 2021 and reference by way of a plaint dated 7th May 2021 are struck out.
- Respondents' costs assessed at Kshs.35,000/-
Authorities cited
Legislation (1)
- Landlord and Tenant (shops, Hotels and Catering Establishments) Act Cap. 301, Laws of Kenya
Cases cited (1)
- (2007) 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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