Cynthia Wambui t/a Laibon Villa And Guest House v Turitu Service Station Limited & 2 others [2021] KEBPRT 634 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 634
- Citation
- [2021] KEBPRT 634 (KLR)
- Decided
- 17 March 2021
AI Summary
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TypeBusiness Premises Rent TribunalPosturePreliminary Objection DismissedCoramCYPRIAN MUGAMBI NGUTHARI, A. MUMA, VICE CHAIR
Holding
The 2nd Respondent's preliminary objection is hereby dismissed with costs to the Applicant.
Facts
The 2nd Respondent, Turitu Service Station Limited, filed a notice of preliminary objection to the proceedings, alleging that the Applicant, Cynthia Wambui, does not legally exist as the proprietor of the business name 'Laibon Villa and Guest House' and lacks legal capacity to institute the proceedings.
Issues
- Whether the Applicant has legal capacity to sue the Respondent
- Whether there exists a Landlord-Tenant relationship between the Applicant and the Respondent
- Whether the Applicant's tenancy is a controlled one
Reasoning
The preliminary objection raised by the 2nd Respondent is dismissed as it involves matters of fact that require ascertaining the nature of the registration of Laibon Villa and Guest House and the relationship between the Applicant and the Respondent.
Outcome
Preliminary Objection Dismissed
Orders
- Preliminary Objection Dismissed
Authorities cited
Cases cited (1)
- David Karobia Kiiru Vs Charles Nderitu Gitoi & Another [2018] eKLR AT PARAGRAPH 12
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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