Ishmael Mulama v Sophia Makokha [2022] KEBPRT 55 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 55
- Citation
- [2022] KEBPRT 55 (KLR)
- Decided
- 18 February 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal DecisionPostureApplication to review Tribunal's order dismissedCoramHON. GAKUHI CHEGE, Madam
Holding
The application is dismissed for lack of jurisdiction
Facts
The case was initially set down for hearing on a public holiday and proceeded without notice to the tenant. The tenant filed a suit in the subordinate court which he lost.
Issues
- Jurisdiction of the Tribunal to review its own order
- Res judicata
Reasoning
The Tribunal's order was not reviewed or set aside, and the matter is res judicata. The Tribunal has no jurisdiction to review the dismissal orders.
Outcome
Application dismissed
Orders
- Application dated 5th July 2021 is hereby dismissed for want of jurisdiction
- Respondent is granted Kshs.30,000/- towards costs against the applicant
Authorities cited
Legislation (1)
- Civil Procedure Rules, 2010
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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