Antony Mageria t/a Kahuthu and Company Advocates v Prestige Management Valuers Ltd [2021] KEBPRT 424 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 424
- Citation
- [2021] KEBPRT 424 (KLR)
- Decided
- 13 July 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureTenant's Application to Investigate Complaint and Seek InjunctionsCoramHON. A. MUMA, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding
The tribunal lacks jurisdiction to investigate the complaint and dismisses the tenant's application.
Facts
The tenant, Antony Mageria, rented space from the landlord, New Bibirioni Investment Ltd, under a lease agreement dated 9th May 2017. The tenant moved a reference to the Business Premises and Rent Tribunal on 4th December 2019, seeking protection from illegal threats of distress and coercive rent increases.
Issues
- Tribunal's jurisdiction under section 12 of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
- Whether the tenancy agreement is a controlled tenancy
Reasoning
The tribunal's jurisdiction is limited to controlled tenancies for a period not exceeding five years. The tenancy agreement in this case is for five years and three months, and does not meet the criteria for a controlled tenancy.
Outcome
Tenant's application dismissed, reference effectively compromised and dismissed.
Orders
- Tenant's Application dated 4th December 2019 is hereby dismissed.
- Reference by the Tenant dated 4th December 2019 is effectively compromised and stands dismissed.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301
Cases cited (2)
- Owners of Motor Vessel Lillian S -vs- Caltex Kenya 1989 eKLR
- In the Matter of Advisory Opinion of the Supreme Court, Constitutional Application No. 2 of 2011
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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