Ali Mbarak v Trustees of Shree Mombasa Lohana Mahajan [2021] KEBPRT 475 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 475
- Citation
- [2021] KEBPRT 475 (KLR)
- Decided
- 21 May 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from a previous order dismissing a notice of terminationCoramHON. A. MUMA, HON. CYPRIAN MUGAMBI NGUTHARI
Holding
The Tribunal’s order dismissing the notice of termination is set aside, and the Landlord’s notice is reinstated. The parties are ordered to file independent valuation reports and fix the reference for hearing on merits.
Facts
The Tenant filed a reference challenging a notice of termination by the Landlord, which was dismissed by the tribunal. The Landlord then filed an application to set aside the dismissal and reinstate the notice.
Issues
- Whether the Landlord was heard on merits
- Whether there was a mistake of counsel
- Whether there was inordinate delay
Reasoning
The tribunal finds that the Landlord was not heard on merits due to his advocate's absence, and there was no inordinate delay. The mistake of counsel is attributed to the Landlord's former advocate.
Outcome
The Landlord’s notice is reinstated and the parties are ordered to file independent valuation reports.
Orders
- The Tribunal’s order dated 29th October 2018 is set aside.
- The Landlord’s notice dated 17th February 2015 is reinstated.
- Parties to file independent valuation reports.
- Fix the reference dated 17th February 2015 for hearing on merits on the next session in Mombasa.
- Each party to bear their own costs.
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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