Bconcept Limited v Goldrock Development Limited & 2 others [2021] KEBPRT 326 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 326
- Citation
- [2021] KEBPRT 326 (KLR)
- Decided
- 6 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal DecisionPostureTenant's Reference DismissedCoramHON. CYPRIAN MUGAMBI NGUTHARI
Holding
The Tribunal has no jurisdiction to hear and determine the matter as the tenancy is not a controlled tenancy.
Facts
The Tenant (Bconcept Limited) sought an injunction against the Landlord (Goldrock Development Limited) and Respondents (Dalali Traders Auctioneers and Valley Auctioneers) to prevent them from interfering with the Tenant's possession and occupation of the B-Club premises.
Issues
- Tenant's Reference
- Jurisdiction of the Tribunal
Reasoning
The court held that the lease agreement does not define the tenancy as a controlled tenancy, and thus the Tribunal lacks jurisdiction.
Outcome
The Tenant's reference and notice of motion are dismissed with costs to the Landlord.
Authorities cited
Legislation (1)
- Cap 301 Laws of Kenya
Cases cited (1)
- [2014] 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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