Timewise Solutions Limited v Afya Investment Co-operative Society Limited & another (Tribunal Case 904 of 2018) [2022] KEBPRT 1083 (KLR) (20 December 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1083
- Citation
- [2022] KEBPRT 1083 (KLR)
- Decided
- 20 December 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureAppeal from an original trialCoramCN MUGAMBI
Holding
The Landlord is entitled to the costs of the proceedings as it demonstrated compliance with court orders and engaged counsel to defend itself.
Facts
The Tenant filed a reference and application against the Landlord under section 12(4) of Cap 301, seeking an account of rent and restraining the Landlord from interfering with the Tenant's office. The Landlord denied the Tenant's claims and filed various pleadings.
Issues
- Disobedience of court orders
- Costs of the proceedings
Reasoning
The Tenant did not provide evidence of the Landlord's disobedience of court orders. The Landlord complied with court orders, engaged counsel, and attended the Tribunal.
Outcome
The Landlord is awarded costs of the proceedings.
Authorities cited
Legislation (2)
- Cap 301
- Civil Procedure Act
Cases cited (2)
- Samson K.A. Tim Vs D.M. Machage
- Pacis Insurance Co Ltd Vs Francis Njeru Njoka
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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