Charles Owuor Rapul Tebo T/A Tebotech Training Institute Ltd v Swafaa Homes,Work-No-Words Auctioneers & Zain Taha 2 others (Tribunal Case 313 of 2019) [2021] KEBPRT 429 (KLR) (18 June 2021) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 429
- Citation
- [2021] KEBPRT 429 (KLR)
- Decided
- 18 June 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureApplication for depositing monthly rents and restraining ordersCoramHON. GAKUHI CHEGE
Holding
The court has no jurisdiction to deal with the matter filed by the Tenant and dismisses the application and strikes out the reference with costs to the Respondents.
Facts
The Tenant, Charles Owuor Rapul Tebo, runs a training institute in the suit premises under a lease with the deceased landlord. The lease term is 5 years 3 months.
Issues
- Tenant's application to deposit monthly rents in the Tribunal
- Tenant's application for restraining orders against Respondents
Reasoning
The court observes that the lease term is more than 5 years, which is beyond the scope of a controlled tenancy as defined in the Act. The court also notes that the lease does not contain a termination clause.
Outcome
Application dismissed, reference struck out, costs assessed at Kshs.10,000/- against the Tenant.
Orders
- Application dismissed
- Reference struck out
Authorities cited
Legislation (1)
- Cap. 301, Laws of Kenya
Cases cited (1)
- OWNERS AND MASTERS OF THE MOTOR VESSEL “JOCY” –VS- OWNERS AND MASTERS OF THE MOTOR TUGS “BARBARA” and STEVE “B” (2008) E.A 367
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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