Ambiyo v Tough Hide Limited & another (Tribunal Case E248 of 2021) [2022] KEBPRT 197 (KLR) (Civ) (13 July 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 197
- Citation
- [2022] KEBPRT 197 (KLR)
- Decided
- 13 July 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for review of judgmentCoramHON. GAKUHI CHEGE, Owino for the Landlord, Kamau for the Tenant
Holding
The application is dismissed with costs.
Facts
The tenant/applicant sought an order of review, setting aside and/or variation of the judgment and orders of 11th February 2022 due to her counsel's failure to file submissions and rent payment receipts.
Issues
- Whether the tenant is entitled to the reliefs sought in the application dated 31st March 2022.
- Who is liable to pay costs.
Reasoning
The court found that the tenant has not brought herself within the principles of granting a review and has not presented any evidence to support her claim. The court also rejected the argument that the tenant's counsel's failure to file submissions would have changed the decision.
Outcome
The application is dismissed with costs.
Orders
- The application dated 31st March 2022 is hereby dismissed with costs.
- The tenant shall pay costs of Kshs.10,000/- to the Respondents in respect thereof.
- This file is ordered closed upon issuance of a certificate of costs to the Respondents.
Authorities cited
Cases cited (1)
- National Bank of Kenya Limited – vs- Ndungu Njau (1997) 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.
Loading judgment…