Lazinos Hotel & Restraurant v Turitu Service Station Ltd & Housing Finance Company Of Kenya Ltd (Tribunal Case 977 of 2019) [2021] KEBPRT 306 (KLR) (18 August 2021) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 306
- Citation
- [2021] KEBPRT 306 (KLR)
- Decided
- 18 August 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureAppeal from an original trialCoramHON. CYPRIAN MUGAMBI NGUTHARI
Holding
The Tribunal has jurisdiction to issue orders of an injunctive nature.
Facts
The Tenant/Applicant, Lazinos Hotel & Restraurant, applied for orders against the 2nd Respondent, Housing Finance Company of Kenya Ltd, and the 1st Respondent, Turitu Service Station Ltd, regarding access to and security of the business premises.
Issues
- Whether the Tribunal has jurisdiction to issue orders of an injunctive nature.
- Whether the 2nd Respondent unlawfully invaded the Tenant/Applicant's business premises and locked them out.
Reasoning
The Tribunal has the power to grant orders under section 63(c) of the Civil Procedure Act, including temporary injunctions, until Parliament enacts legislation limiting or restricting the Tribunal's powers.
Outcome
The Tribunal granted prayers 7 and 11 of the application dated 4th October 2019.
Orders
- Ordering the 2nd Respondent to desist from locking out and/or blocking the Tenant/Applicant from accessing the business premises.
- Ordering the 2nd Respondent to allow the Tenant/Applicant access to the business premises.
- Ordering the 2nd Respondent to restrain from invading the Tenant’s/Applicant’s business premises.
- Ordering the OCS Langata Police Station to provide security and ensure compliance with the orders issued by the Tribunal.
Remedies
- Return of the Tenant’s perishable goods and items unlawfully removed from the business premises.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Landlord and Tenant Act
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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