Jackson Kibet v Joseph Mwai [2021] KEBPRT 59 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 59
- Citation
- [2021] KEBPRT 59 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal DecisionPostureApplication for Prohibition and DamagesCoramHON. CYPRIAN MUGAMBI NGUTHARI
Holding
There does not exist a Landlord/Tenant relationship between the parties, and the Tribunal has no jurisdiction to hear and determine this dispute.
Facts
Jackson Kibet, the tenant, sought orders prohibiting Joseph Mwai, the landlord, from interfering with his quiet occupation of the premises. Kibet claimed he was a tenant for two years and had paid rent, while Mwai denied any tenancy relationship.
Issues
- Whether there exists a Tenant/Landlord relationship between the Applicant and the Respondent
- Whether the Tenant is entitled to orders sought in his application
Reasoning
The tenant's claim of being a tenant for two years and paying rent was not substantiated. The lease agreement between the landlord and the tenant's employer was operational, and the tenant's presence did not create a legal relationship with the landlord.
Outcome
The application and notice of motion are dismissed with no order as to 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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