Arielle Construction Limited v Jackson Mburu Kiigi &another; [2021] KEBPRT 363 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 363
- Citation
- [2021] KEBPRT 363 (KLR)
- Decided
- 12 August 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decision to strike out an applicationCoramHON. GAKUHI CHEGE, VICE CHAIR
Holding
The application is dismissed with costs, and the pending applications are set for hearing on priority basis.
Facts
The applicants sought to review a decision to strike out their application, alleging procedural fairness and natural justice violations.
Issues
- Review jurisdiction of the Tribunal
- Procedural fairness and natural justice
- Application of Civil Procedure Rules
Reasoning
The Tribunal is barred from exercising review jurisdiction upon a review order made pursuant to the impugned ruling. The reasons given in the application are issues of law and would amount to sitting on appeal against own decision.
Outcome
Appeal dismissed
Orders
- Pending applications set for hearing on priority basis
Remedies
- Costs to the Respondent
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Civil Procedure Act
- Cap 301 Laws of Kenya
Cases cited (1)
- National Bank of Kenya Limited vs Ndungu Njau (1997) 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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