Daniel Waweru Wanjiku v Josephine Wairimu Nyaga & another [2021] KEBPRT 354 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 354
- Citation
- [2021] KEBPRT 354 (KLR)
- Decided
- 16 August 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureApplication for restraining orders dismissed; application for hearing on merits set downCoramHON. GAKUHI CHEGE, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding
The preliminary objection is dismissed with costs to the tenant.
Facts
The tenant, Daniel Waweru Wanjiku, sought restraining orders against the landlord, Josephine Wairimu Nyaga, and an agent, Josephat Mbugua Njuguna, for blocking access to the premises where 'Shaffie Carwash' is situated.
Issues
- Jurisdiction of the Tribunal
- Vacation of Premises
Reasoning
The tenant is still in possession of the premises and the Respondents did not provide evidence of voluntary vacating. The preliminary objection does not deal with disputed facts.
Outcome
Application for restraining orders dismissed
Orders
- Application for hearing on merits set down for 10th September 2021
- Respondent granted 14 days to file and serve response
- Applicant granted 14 days to file and serve further affidavit if needed
Authorities cited
Cases cited (3)
- Owners and master of the Motor Vessel “JOEY” and The Owners and Master of Motor tugs “Barbara” and “Steve B” (2007) eKLR
- Mukisa Biscuits Manufacturing Co. Ltd – vs- West End Distributors Ltd (1969) EA 696
- Oraro – vs- Mbaja (2005) 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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