Jedidah Wangu Fredrick v Jane Nyaguthii Muriuki [2022] KEBPRT 108 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 108
- Citation
- [2022] KEBPRT 108 (KLR)
- Decided
- 13 January 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and TenantPostureTenant seeks review of ex-parte judgment and ordersCoramHON. GAKUHI CHEGE, MISS NDUNGU FOR THE LANDLORD
Holding
Application for review of ex-parte judgment and orders is dismissed with costs.
Facts
Tenant seeks review of ex-parte judgment and orders given by the Tribunal on 15th July 2021. The tenant claims she was not served with pleadings and notices, and that the landlady failed to disclose a previous Tribunal case.
Issues
- Whether the tenant/applicant is entitled to the reliefs sought.
- Who is liable to pay costs.
Reasoning
The tenant was served with the application and notice of termination of tenancy. The tenancy relationship terminated due to the notice. The court found that the tenant cannot reverse the eviction as the landlord had already taken possession, and the legislature did not give the power to the tribunal to order recovery of possession by a tenant.
Outcome
Application dismissed with costs
Orders
- Application dated 4th August 2021 is hereby dismissed with costs.
- Interim orders given on 9th August 2021 are hereby discharged and/or vacated.
- Landlord’s costs for the application shall be assessed in the normal manner.
Authorities cited
Cases cited (2)
- Shah vs. Mbogo & another (1967) EA 116
- Re Hebtulla Properties Ltd (1979) 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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