James Gichure Kiragu v George Warui Gathoni [2021] KEBPRT 81 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 81
- Citation
- [2021] KEBPRT 81 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to set aside orders and for cross-examination of process serverCoramHON. GAKUHI CHEGE, Nyanjiru, Miss Awour
Holding
The application and hearing notice were properly served upon the landlord, and the orders made on June 15, 2021, are regular and not liable to be set aside.
Facts
The landlord sought to set aside orders issued on June 15, 2021, and the consequential orders, alleging improper service of the application and hearing notice. The tenant opposed the application, asserting proper service via email.
Issues
- Whether the landlord was properly served with the application and hearing notice.
- Who is liable to pay costs of the application.
Reasoning
The landlord's email address was used for service of the lease agreement on January 2019, and there was no evidence of non-delivery of the email. The court found the application misconceived, frivolous, vexatious, and an abuse of court process.
Outcome
Application dismissed with costs to the tenant.
Authorities cited
Cases cited (1)
- James Kanyita Nderitu & Another v Marios Philotus Ghikas & Another (2016) 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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