Kamau t/a Victory Choma Roast v Kinyanjui; Mwangi (Interested Party) (Tribunal Case E742 of 2021) [2023] KEBPRT 1391 (KLR) (27 September 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1391
- Citation
- [2023] KEBPRT 1391 (KLR)
- Decided
- 27 September 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent DisputePostureApplication for Review of RulingCoramA. Muma
Holding
The Review Application is dismissed due to unreasonable delay.
Facts
The Tenant, Patrick Muiruri Kamau, filed a suit against the Respondent, Boniface Kamande Kinyanjui, and an Interested Party, Stephen Mwangi. The Tribunal issued a ruling on January 17, 2023, ordering the Tenant to continue paying rent and compensate the Applicant for losses. The Applicant later filed a Notice of Motion Application seeking to set aside the ruling.
Issues
- Whether the Tribunal should set aside and/or quash its ruling and orders delivered on January 17, 2023.
Reasoning
The applicant failed to provide sufficient grounds for the review and the delay in filing the application is unreasonable.
Outcome
The Review Application dated 23rd January 2024 is dismissed.
Orders
- The Review Application dated 23rd January 2024 is dismissed based on unreasonable delay.
- Each party to bear their own costs.
Authorities cited
Legislation (3)
- Civil Procedure Act Cap 21
- Civil Procedure Rules, 2010
- Order 45 Rule 1
Cases cited (2)
- Republic v Public Procurement Administrative Review Board & 2 others [2018] eKLR
- Stephen Gathua Kimani v Nancy Wanjira Waruingi t/a Providence Auctioneers [2016] eKLR
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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