Cause Impact Limited v Towfiq Trust Registered Trustee & 2 others (Tribunal Case E435 of 2021) [2022] KEBPRT 851 (KLR) (18 November 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 851
- Citation
- [2022] KEBPRT 851 (KLR)
- Decided
- 18 November 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureAppeal from a ruling upholding a preliminary objectionCoramGAKUHI CHEGE
Holding
The ex-parte orders are set aside due to concealment of material facts and the doctrine of res judicata.
Facts
The controlled tenancy between the parties ended after they entered into a 6 years tenancy agreement. The tenant applied for review, variation, or setting aside of the ruling and for orders to set aside ex-parte orders.
Issues
- Jurisdiction of the Tribunal
- Abuse of process
Reasoning
The ex-parte orders were granted after concealment of material facts and are against the doctrine of res judicata.
Outcome
The matter is struck out with costs awarded to the Respondent.
Orders
- Application certified as urgent
- Ex-parte orders set aside
- Instant reference struck out with costs
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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