Antony Opiyo Abuya T/A Palmers Pacific Limited v Mohamed Ibrahim Guled [2021] KEBPRT 466 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 466
- Citation
- [2021] KEBPRT 466 (KLR)
- Decided
- 16 April 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal DecisionPosturePreliminary ObjectionCoramANDREW MUMA, VICE-CHAIRMAN, BUSINESS PREMISES RENT TRIBUNAL
Holding
The Preliminary Objection is dismissed as it raises a pure point of law and does not require evidence.
Facts
The Applicant/Tenant filed an application seeking to restrain the Landlord/Respondent from locking their business premises and posting a notice. The Respondent/Landlord raised a Preliminary Objection claiming the Applicant/Tenant does not have the authority to sue on behalf of the company.
Issues
- Locus Standi of the Applicant/Tenant
- Authority to Sue on Behalf of the Company
Reasoning
A preliminary objection is a pure point of law that must not be contested with regard to facts. The Applicant/Tenant has the right to appear and be heard before the Tribunal.
Outcome
The Preliminary Objection is dismissed.
Orders
- The Preliminary Objection dated 5th January, 2021 is dismissed.
Authorities cited
Cases cited (2)
- Mukisa Biscuit Manufacturer Ltd v Westend Distributers Ltd (1969) E A 696
- Bethany Vineyards Limited & Another v Equity Bank Limited & 2 Others [2020] 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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