Seline Anyango t/a Celly Star Academy v Mary Oketch t/a Gospel Miracle & Healing Power Church & another [2022] KEBPRT 72 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 72
- Citation
- [2022] KEBPRT 72 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureInterlocutory Application for Temporary Injunction
Holding
The Tribunal dismissed the Tenant's reference and notice of motion application.
Facts
The Tenant, Seline Anyango, operates Celly Star Academy and sought a temporary injunction from the Tribunal to prevent the Landlord, Mary Oketch, and caretaker, Charles Ongana, from interfering with the peaceful learning and occupation of the school premises. The Tribunal granted an interim order restraining the Respondents from interfering with the school.
Issues
- Whether the Tribunal has jurisdiction to hear and determine the matter.
- Whether the relationship between the Tenant and the Landlord constitutes a controlled tenancy as defined by the Landlords and Tenants (Shops, Hotels and Catering) Establishments Act, Cap 301.
Reasoning
The Tribunal found that the Landlord and Tenant relationship does not constitute a controlled tenancy as defined by the Act, thus lacking the jurisdiction to hear the matter.
Outcome
The Tenant's application for a temporary injunction was dismissed.
Orders
- The Tenant's reference dated 26th August 2021 and notice of motion application dated 27th August 2021 are hereby dismissed.
Authorities cited
Legislation (1)
- Landlords and Tenants (Shops, Hotels and Catering) Establishments Act Cap 301
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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