Catherine Muthoni Karugia v Kinyua Muriithi [2021] [2021] KEBPRT 445 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 445
- Citation
- [2021] KEBPRT 445 (KLR)
- Decided
- 18 June 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to set aside or vary orders issued by the TribunalCoramHON. GAKUHI CHEGE, VICE CHAIR
Holding
The application is dismissed with costs to the Landlady/Respondent.
Facts
The Tenant sought to set aside orders issued by Hon. MBICHI MBOROKI on 11th June 2020, which effectively reviewed a judgment against the Landlady. The Landlady had sought to vary or set aside the judgment and consider her rent assessment report.
Issues
- Proper procedure for grant of review under Civil Procedure Rules
- Absurdity of the orders granted
- Jurisdiction of the Tribunal to grant ex-parte orders
Reasoning
The orders were made pursuant to a valid application and no appeal was preferred. The application is belated and an afterthought, and the Tribunal has no jurisdiction to sit on appeal against its own decision.
Outcome
Application dismissed
Orders
- Further hearing on 27th July 2021 at 12.00 noon
Authorities cited
Legislation (2)
- Civil Procedure Rules, 2010
- Section 12 of Cap. 301, Laws of Kenya
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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