Deegisat TV Services Limited v Ess Pee Ess Investment [2021] KEBPRT 334 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 334
- Citation
- [2021] KEBPRT 334 (KLR)
- Decided
- 30 August 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal DecisionPostureTenant's Notice of MotionCoramHON. P. MAY, Kamanza
Holding
The application is allowed in terms of prayers 2-8 with no orders as to costs.
Facts
The parties entered into a tenancy agreement in October 2018 for a five-year period, making it a controlled tenancy. The tenant sought injunctive orders and reinstatement of an earlier application.
Issues
- Representation of the tenant's advocate
- Res judicata
- Interim injunctive relief
Reasoning
The tenant established a prima facie case for interim injunctive relief and demonstrated irreparable damage. The issues of representation and res judicata were addressed, and the tenant's absence was accepted.
Outcome
Application allowed
Orders
- Injunctive orders against the Landlord
- Order to reinstate an earlier application
Remedies
- Interim injunctive relief
Authorities cited
Legislation (2)
- Civil Procedure Act
- Business Premises Rent Tribunal Act
Cases cited (2)
- Giella V Cassman Brown & Company Limited
- National Bank of Kenya Ltd vs Pipeplastic Sankolit (K) Ltd
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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