General Kiranki v Reigman Consult Ltd; Fostine Mulozy (Interested Party) [2021] KEBPRT 392 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 392
- Citation
- [2021] KEBPRT 392 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal DecisionPostureRespondent's Notice of Preliminary Objection DismissedCoramHON. CYPRIAN MUGAMBI NGUTHARI
Holding
The Tribunal has the power to grant temporary injunctions until Parliament enacts legislation limiting its powers.
Facts
The case involves a dispute between a tenant and a landlord regarding a controlled tenancy on the suit property. An interested party, Fostine Mulozy, was admitted as an interested party.
Issues
- Jurisdiction of the Tribunal to issue injunctive reliefs
- Whether there is a new Tenant on the suit property
Reasoning
The Tribunal's powers are not limited by statute, and the Civil Procedure Act supports the view that the Tribunal can grant temporary injunctions.
Outcome
Respondent's Notice of Preliminary Objection dismissed
Orders
- Notice of Preliminary Objection dismissed
Remedies
- None
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (4)
- R v BPRT & another ex-parte Albert Kigera Karume
- Narshidas & Co Ltd v Nyali Air Conditioning and Ventilation
- Kaledonia Supermarkets v Knec
- Tiwi Beach Hotel v Olrike
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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