Lesedi Developers Limited v Square Meter Limited & another (Tribunal Case E351 of 2023) [2023] KEBPRT 641 (KLR) (27 October 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 641
- Citation
- [2023] KEBPRT 641 (KLR)
- Decided
- 27 October 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from a preliminary objectionCoramNewbold, J.A.
Holding
The Respondents' Preliminary Objection is not sustainable.
Facts
Lesedi Developers Limited seeks orders for unlimited ingress and egress, access, and peaceful occupation of Assumption Centre 6th Floor. Square Meter Limited, as the landlord, filed a preliminary objection.
Issues
- Whether the Respondents' Preliminary Objection is sustainable
Reasoning
The Tribunal has jurisdiction to hear the case as the controlled tenancy agreement is not reduced to writing and does not exceed a period of 5 years.
Outcome
The Preliminary Objection is dismissed.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
Cases cited (2)
- Mukisa Biscuit Co Ltd v West End Distributors Ltd
- Owners of the Motor Vessel 'Lillian S' v Caltex Oil (Kenya) Ltd
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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