Orokise Sacco Limited v Godfrey Mwathi Mepukori [p [2021] KEBPRT 90 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 90
- Citation
- [2021] KEBPRT 90 (KLR)
- Decided
- 16 December 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from a ruling dismissing a tenant's reference and applicationCoramHON A. MUMA, Githaiga for the Landlord, Gachugi for Ambani for the Tenant
Holding
The landlord's notice of preliminary objection is upheld, and the tenant's reference and application are dismissed with costs.
Facts
The tenant and landlord entered into a lease agreement for a period of 2 years, from August 2019 to August 2021. The tenant moved the tribunal seeking to prevent eviction and allow rent deposits, while the landlord sought to be restrained from evicting the tenant.
Issues
- Whether the court has jurisdiction to hear the matter
- Whether the tenant's reference and application should be dismissed
Reasoning
The court found that the matter falls under the jurisdiction of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, and the lease agreement was for a controlled tenancy.
Outcome
The tenant's reference and application are dismissed with costs.
Orders
- The landlord's notice of preliminary objection is upheld
- The tenant's reference and application are dismissed with costs
- The tenant shall pay any accrued rent arrears
- The tenant shall vacate within 45 days
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301 Laws of Kenya
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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