Evangelical Lutheran Church & 2 others v Sucha Singh [2022] KEBPRT 89 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 89
- Citation
- [2022] KEBPRT 89 (KLR)
The Tribunal holds that there are no grounds preventing the parties from being joined to the suit, but the same will be an action in futility for the Applicants as there are no active proceedings before the Tribunal.
Facts
The Evangelical Lutheran Church is the current tenant of a property owned by Sucha Singh. The church filed an application seeking to have the landlord restrained from interfering with its possession of the property. The landlord filed an application seeking to remove the tenant and prevent them from the property. The tenant later filed an application to join two parties as interested parties in the suit.
Issues
- Whether the Tribunal can grant orders sought to join the intended interested parties to the suit?
- Whether the Tenant is entitled to the orders sought to join the Intended Interested Parties to the suit?
Reasoning
The Tribunal dismissed the application to join the intended interested parties as there were no active proceedings before the Tribunal and the orders granted to the landlord were not set aside.
Outcome
The application to join the intended interested parties was denied.
Orders
- The application to join the intended interested parties was denied.
- Each party shall bear their own costs.
Authorities cited
Legislation (1)
- Landlords and Tenants (Shops, Hotels and Catering) Establishments Act Cap 301
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