Greatfold Enterprises Limited v R World Investements Limited & another [2021] KEBPRT 411 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 411
- Citation
- [2021] KEBPRT 411 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal DecisionPostureApplication to strike out proceedings and set aside ex-parte ordersCoramHON. GAKUHI CHEGE
Holding
The proceedings are struck out due to lack of jurisdiction and the tenancy relationship is not a controlled one.
Facts
The Tenant applied for restraining orders against the Landlords from interfering with its quiet enjoyment and occupation of space known as Godown number B4 and B5 at Graylands Investments Limited.
Issues
- Jurisdiction of the Tribunal
- Nature of the Tenancy Relationship
Reasoning
The Tribunal found the proceedings to be in the wrong forum and the tenancy relationship is not a controlled one, as per the definition in section 2 of Cap. 301, Laws of Kenya.
Outcome
Proceedings struck out, ex-parte orders set aside, costs assessed at Kshs.25,000/- against the Tenant.
Orders
- Proceedings struck out
- Ex-parte orders set aside
Remedies
- None
Authorities cited
Legislation (1)
- Cap. 301, Laws of Kenya
Cases cited (1)
- Locus classicos case of owners of motor vessel 'Likian S' vs.- Caltex Oil (Kenya) Ltd (1989) 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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