Lawrence Ngige Mwiruri v Peter Kilonzo [2021] KEBPRT 223 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 223
- Citation
- [2021] KEBPRT 223 (KLR)
- Decided
- 14 September 2021
AI Summary
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TypeTribunal CasePostureRespondent's application dismissed with costsCoramHON. GAKUHI CHEGE, Mr. Mulinge, Mr. Mutinda
Holding
The application is dismissed with costs for lack of jurisdiction.
Facts
The landlord filed a suit seeking possession of the premises and rent arrears. The tenant filed an application seeking the landlord to release his business equipment and machinery. The landlord filed a preliminary objection claiming no jurisdiction due to the final orders in the landlord-tenant case.
Issues
- Tenant's application for release of business equipment
- Jurisdiction of the Tribunal
Reasoning
The Tribunal found that the landlord had already obtained final orders for possession of the premises and the tenant's goods had been removed. The Tribunal concluded that it had no jurisdiction to hear the tenant's application.
Outcome
Application dismissed with costs
Orders
- Application dismissed with costs
- Parties are at liberty to institute appropriate proceedings before the Subordinate court
Remedies
- Costs awarded to the Respondent/Landlord
Authorities cited
Legislation (1)
- Cap. 301
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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