Okoa Maisha Supermaket Ltd v Five Secrets Investment Limited; Ngotho (Interested Party) (Tribunal Case E100 of 2022) [2022] KEBPRT 835 (KLR) (15 November 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 835
- Citation
- [2022] KEBPRT 835 (KLR)
- Decided
- 15 November 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePremises Rent DisputePostureRespondent's Preliminary ObjectionCoramGAKUHI CHEGE, VICE CHAIR
Holding
The preliminary objection is dismissed.
Facts
The applicant, Okoa Maisha Supermaket Ltd, seeks a ruling on a premises rent dispute with the respondent, Five Secrets Investment Limited, and an interested party, Patrick Mbugua Ngotho. The respondent claims the description of the premises in the claim and notice of motion is incorrect and that the respondent does not own any land in the specified geographical jurisdiction.
Issues
- Ownership of the described premises
- Jurisdiction of the tribunal
- Validity of the claim and notice of motion
Reasoning
The tribunal found that the respondent's preliminary objection was based on legal grounds and not on factual details.
Outcome
The preliminary objection is dismissed.
Orders
- Respondent to respond to the amended application within 14 days
- Mention on December 6, 2022
- Interim orders extended till then
Authorities cited
Cases cited (1)
- Oraro v Mbaja (2005) eKLR
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