Reuben Simiyu Samuel v Joseph Maero Oyula; Abdul Kadir Adan(Sub-Tenant/Interested Party) [2021] KEBPRT 36 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 36
- Citation
- [2021] KEBPRT 36 (KLR)
- Decided
- 29 December 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureApplication for setting aside ex-parte ordersCoramHON. GAKUHI CHEGE, Chemutai, Mugambi
Holding
The application is dismissed with costs to the tenant.
Facts
The landlord sought to set aside ex-parte orders given on 26 August 2021, claiming he was not served with the reference and application. The tenant denied this and claimed the landlord had a good defence.
Issues
- Whether the landlord is entitled to the reliefs sought in the application dated 30/8/2021.
- Who is liable to pay costs of the application.
Reasoning
The landlord was not served with the reference and application, and the orders were ex-parte. The tenant's affidavit of service was accepted, and the landlord failed to disprove it.
Outcome
The application is dismissed with costs to the tenant.
Orders
- The application dated 30th August 2021 is hereby dismissed with costs to the tenant.
- The tenant's costs are assessed at Kshs.10,000/- against the landlord.
- The said costs shall be defrayed against the rent account.
Authorities cited
Cases cited (5)
- Shah vs Mbogo (1967) EA 116
- Secretary and Another vs Lucia Ndinda Musyoka T/a Jocia Stores (2019) eKLR
- Evidence Act, Cap. 80
- Civil Procedure Rules, 2010
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act 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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