Hurlingham Grocers Limited v APA Insurance Limited (Tribunal Case E355 of 2021) [2021] KEBPRT 79 (KLR) (20 December 2021) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 79
- Citation
- [2021] KEBPRT 79 (KLR)
- Decided
- 20 December 2021
There is no existing Landlord/Tenant relationship between the parties, and the suit was incompetent from the date of inception.
Facts
The Tenant and Landlord had a dispute over rent increase, leading to the Tenant abandoning the premises. The Landlord then sold the Tenant's goods by auction and took over the premises.
Issues
- Whether there is a Landlord/Tenant relationship in existence between the parties herein
Reasoning
The Landlord sold the Tenant's goods by auction and took over the premises after the Tenant abandoned the suit premises, thus no Landlord/Tenant relationship existed.
Outcome
The application dated 28th July 2021 is hereby dismissed as well as the reference. The orders given ex-parte on 29th July 2021 are hereby discharged and vacated. The Landlord's application dated 3rd September 2021 is allowed in terms of order (b) above. Costs of the two applications and the reference assessed at Kshs 50,000/- are awarded to the Landlord.
Orders
- The application dated 28th July 2021 is hereby dismissed as well as the reference.
- The orders given ex-parte on 29th July 2021 are hereby discharged and vacated.
- The Landlord's application dated 3rd September 2021 is allowed in terms of order (b) above.
Remedies
- Costs of the two applications and the reference assessed at Kshs 50,000/- are awarded to the Landlord.
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