Ram Hospital Limited v Ramji Meghji Gudka Limited [2022] KEBPRT 45 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 45
- Citation
- [2022] KEBPRT 45 (KLR)
- Decided
- 10 March 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureRespondent's appeal from a previous determination of the Tribunal
Holding
The tenant's application is dismissed as the matter is res judicata and res sub judice.
Facts
The tenant, Ram Hospital Limited, claimed to be the lawful tenant of the landlord, Ramji Meghji Gudka Limited, and sought restraining orders and a determination of its tenancy. The landlord argued that the tenant had unclean hands due to withholding rent payments and concealing material facts.
Issues
- Whether the tenant is entitled to the reliefs sought in the application dated 13/9/2021.
- Who is liable to pay costs of the application?
Reasoning
The previous proceedings between the same parties regarding rent arrears have been resolved, making the current application moot.
Outcome
Appeal dismissed
Orders
- The tenant's application is dismissed.
- The tenant is ordered to pay costs of the application.
Authorities cited
Legislation (4)
- Cap. 301, Laws of Kenya (Business Premises Rent Act)
- Kisii CM Misc. Civil Application No. 37 of 2017
- Kisii H.C. Civil Appeal no. 52 of 2018
- Kisii HCCC No. 7 of 2017
Cases cited (3)
- Kisii HCCC No. 7 of 2017
- Kisii H.C. Civil Appeal no. 52 of 2018
- Kisii CM Misc. Civil Application No. 37 of 2017
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…