Jimkara Autospares Ltd v Capacity Outsourcing (K) Ltd (Tribunal Case E893 of 2022) [2022] KEBPRT 888 (KLR) (Civ) (28 December 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 888
- Citation
- [2022] KEBPRT 888 (KLR)
- Decided
- 28 December 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureTenant filed a reference and motion for restraining orders, landlord filed a preliminary objectionCoramGAKUHI CHEGE, VICE CHAIR
Holding
The landlord's costs are assessed at Kshs 20,000/- all inclusive
Facts
Tenant filed a reference and motion for restraining orders, landlord filed a preliminary objection based on lack of jurisdiction due to the tenancy not being controlled
Issues
- Tenant's tenancy status
- Jurisdiction of the tribunal
Reasoning
The tribunal does not have jurisdiction to hear the matter as the tenancy is not controlled within the meaning of section 2(1) of cap 301, laws of Kenya
Outcome
The landlord's costs are assessed at Kshs 20,000/- all inclusive
Orders
- The landlord's costs are assessed at Kshs 20,000/- all inclusive
Authorities cited
Legislation (1)
- Landlord and Tenant (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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