Restitution Chambers Kenya Limited v Akiba Properties Kenya Ltd (Tribunal Case 90 of 2021) [2023] KEBPRT 1108 (KLR) (1 August 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1108
- Citation
- [2023] KEBPRT 1108 (KLR)
- Decided
- 1 August 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureRespondent's appeal from a tenant's application to void the Tribunal's jurisdictionCoramCN MUGAMBI
Holding
The Tribunal's jurisdiction has been voided due to the Respondent's unlawful actions in contempt of court orders.
Facts
The Respondent (Akiba Properties Kenya Ltd) forcefully evicted the tenant (Restitution Chambers Kenya Limited) and destroyed the business premises, leading to the tenant's application to the Tribunal.
Issues
- Whether the Tribunal's jurisdiction has been voided due to the Respondent's actions
- If jurisdiction has been voided, whether the Tribunal has any residual power to make further determinations
- What orders should be made
Reasoning
The Respondent's actions constitute contempt of court and void the Tribunal's jurisdiction.
Outcome
The Respondent's appeal is upheld.
Orders
- The jurisdiction of the Tribunal is voided due to the Respondent's unlawful actions
Remedies
- The Applicant is at liberty to seek compensation and other reliefs in the court with the necessary jurisdiction
- The Respondent is liable for all financial and other consequences of its actions
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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