World Business Centre Limited v Caroline Gasheri [2021] KEBPRT 93 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 93
- Citation
- [2021] KEBPRT 93 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from a previous judgmentCoramHON A. MUMA, Gakeria for the Landlord, Ms Kamau for Swaka for the Tenant
Holding
The Tribunal has jurisdiction to hear the matter on grounds of res judicata.
Facts
The Tenant filed a plaint and a notice of motion application against the Landlord in Milimani Commercial Courts, seeking permanent restraint from eviction and other remedies. The Landlord then referred the matter to the Business Premises Rent Tribunal.
Issues
- Jurisdiction of the Tribunal
- Res judicata
Reasoning
The Tribunal found that the Landlord's reference and application were valid and dismissed the Tenant's preliminary objection.
Outcome
The matter was scheduled for hearing and confirmation of compliance.
Orders
- Tenant's preliminary objection dismissed
- Landlord's reference and application to be canvassed in full
- Landlord to file necessary documents within 30 days
- Tenant to respond within 30 days
- Matter to be scheduled for hearing on 7th February 2022
- Status quo to be maintained
- Tenant to pay rent when due
- Costs to be in the cause
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act CAP 301
- Civil Procedure Act CAP 21
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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