Macrence Company Limited v Kenya Bowling Centres Ltd & 2 others (Tribunal Case E937 of 2022) [2023] KEBPRT 12 (KLR) (20 January 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 12
- Citation
- [2023] KEBPRT 12 (KLR)
- Decided
- 20 January 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from a previous rulingCoramHON A. MUMA, MUTURI, KAHUTHU
Holding
The Tribunal's jurisdiction is upheld, and the Tenant's Reference and Application are dismissed.
Facts
The 1st Respondent (Kenya Bowling Centres Ltd) was the initial landlord of the premises. The 1st Respondent locked the premises after the tenant (Macrence Company Limited) was locked out by the 2nd Respondent (Uchumi Supermarket Ltd). The tenant filed a Reference and a Notice of Motion application seeking restraining orders.
Issues
- Whether the Tribunal has Jurisdiction to determine the matter?
- Whether the Tenant is a Controlled Tenant
Reasoning
The Tribunal found that the relationship between the Tenant and the 1st Respondent did not exist, and the Tribunal lacks jurisdiction to determine the matter.
Outcome
Appeal dismissed
Orders
- The Landlord’s Preliminary Objection and Grounds of Opposition are upheld.
- The Tenant’s Reference and Application are dismissed.
- Each party shall bear their own Costs.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Chapter 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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