Kithela v Salim (Tribunal Case E255 of 2022) [2022] KEBPRT 843 (KLR) (21 November 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 843
- Citation
- [2022] KEBPRT 843 (KLR)
- Decided
- 21 November 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureAppeal from a previous orderCoramHON A MUMA
Holding
The Tribunal lacks jurisdiction to hear the dispute as the premises are not a controlled tenancy.
Facts
The Tenant, Joshua Kithela, filed a reference to the Tribunal seeking to determine the jurisdiction of the Tribunal to hear the dispute over the rental of a business space at Majengo-Pumwani. The Landlord, Zulekha Salim, filed a preliminary objection.
Issues
- Whether the Tribunal has jurisdiction to determine the dispute.
- Whether the premises are commercial premises or residential premises.
Reasoning
The Tribunal determined that the premises are residential and not a shop, as defined in the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, and thus, the Tribunal does not have jurisdiction.
Outcome
The Tribunal lacks jurisdiction to hear the dispute.
Orders
- This Tribunal lacks jurisdiction to hear and determine this dispute since the premises are not a controlled tenancy.
- Each party to bear its own costs.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
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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