Janet Mutende Kamulu v Antony Pere & 2 others [2022] KEBPRT 39 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 39
- Citation
- [2022] KEBPRT 39 (KLR)
- Decided
- 7 March 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal DecisionPostureApplication for Injunction and Termination of TenancyCoramHON. CYPRIAN MUGAMBI NGUTHARI
Holding
The Tribunal declines to have the third party joined in the proceedings and orders the reference to be heard on a priority basis.
Facts
Janet Mutende Kamulu, the tenant, seeks an injunction against Alex Kioko Maingi and the landlord, Antony Pere, due to alleged disturbances and interference with her business.
Issues
- Whether the Tribunal has jurisdiction over the dispute between the tenant and the third party
- Whether the landlord has the right to terminate the tenant's tenancy
Reasoning
The Tribunal finds that the dispute is not between a landlord and tenant, and thus lacks jurisdiction over the third party's actions.
Outcome
The application for injunction and termination of tenancy is allowed.
Orders
- Allowing the tenant's application for injunction against the third party
- Ordering the reference to be heard on a priority basis
Remedies
- Injunction against the third party
- Priority hearing of the reference
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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