Procom Computer Technologies Ltd v Amalgamated Properties Ltd & another [2021] KEBPRT 362 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 362
- Citation
- [2021] KEBPRT 362 (KLR)
- Decided
- 10 August 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal DecisionPostureApplication for restraining orders against landlordCoramHON. GAKUHI CHEGE, Mr. Nguru for the Tenant/Applicant, Miss Njue holding brief for Wathuta for the Landlord
Holding
The application is an abuse of court process and is hereby struck out with costs to the respondents.
Facts
The tenant sought restraining orders against the landlord and its agents for levying distress and removing proclaimed goods, alleging bad faith in the proclamation and failure to reconcile rent accounts.
Issues
- Abuse of court process
- Multiplicity of applications
Reasoning
The tenant has filed multiple similar applications, and the doctrine of res judicata applies. The tenant also lacks immunity against rent payment in previous orders.
Outcome
Application struck out
Orders
- Interim orders granted in previous applications are confirmed
- Application for restraining orders is struck out with costs to respondents
Remedies
- Tenant pays costs of the current application assessed at Kshs.25,000/- to the respondents
Authorities cited
Cases cited (2)
- Giella vs Cassman Brown & Co. Limited (1973) EA 358
- Uhuru Highway Development Limited vs Central Bank of Kenya & 2 others (1996) 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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