Sigilai t/a Miles Filing Station v Too (Tribunal Case E051 of 2022) [2022] KEBPRT 811 (KLR) (Civ) (3 November 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 811
- Citation
- [2022] KEBPRT 811 (KLR)
- Decided
- 3 November 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureApplication for stay of execution and implementation of orders, and setting aside of ex-parte ordersCoramHON. GAKUHI CHEGE, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding
The preliminary objection is dismissed, and the matter proceeds to hearing on the merits.
Facts
The landlord filed a preliminary objection against the tenant's reference, claiming lack of jurisdiction and that the reference is defective. The tenant disputes the date and terms of the lease agreement.
Issues
- Lack of jurisdiction of the tribunal
- Defectiveness of the reference
- Validity of the lease agreement
Reasoning
The court found the preliminary objection to be a point of law and not a factual dispute, thus dismissing it.
Outcome
The landlord's application for stay of execution and implementation of orders, and setting aside of ex-parte orders is allowed.
Orders
- Interim order of stay of the orders of 22nd June 2022 is set aside
- Preliminary objection dated 27th May 2022 is dismissed
- Both parties to comply with Order 11 of the CPR by filing witness statements and documents in support of their respective cases for hearing of the main complaint/Reference by way of viva voce evidence within 30 days
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
- Land Act, 2012
Cases cited (5)
- Samuel Kamau Macharia & another – vs- Kenya Commercial Bank Ltd & 2 others (2012) eKLR
- Republic – vs- Business Premises Rent Tribunal and Another ex-parte Albert Kigera Karume (2015) eKLR
- David Cullen – vs- Samuel Kiptalai & 2 others (2021) eKLR
- Oraro – vs- Mbaja (2005) eKLR
- Mukisa Biscuits Manufacturing Co Ltd – vs- West End Distributors Ltd (1969) EA 696
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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