Ambundo v Tailor (Tribunal Case E028 of 2023) [2023] KEBPRT 658 (KLR) (24 November 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 658
- Citation
- [2023] KEBPRT 658 (KLR)
- Decided
- 24 November 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent DisputePostureAppeal from a decision to dismiss a preliminary objectionCoramHON. JOYCE AKINYI OSODO, HON GAKUHI CHEGE
Holding
The Notice of Grounds of Opposition is dismissed, and the matter shall proceed to hearing on merit.
Facts
The tenant sued the landlord in his personal capacity, but the tenancy agreement is between the landlord and the tenant, not the tenant and RAM Training College. The tenant paid a co-operative bank cheque to the landlord.
Issues
- Whether the tenant's application is incompetent, misconceived, and bad in law.
- Whether the landlord is a non-entity and incapable of being sued.
- Whether the landlord is the proper respondent who should be sued instead of the landlord.
- Whether the landlord lacks legal capacity to be sued by the tenant.
Reasoning
The tenancy agreement is between the landlord and the tenant, not the tenant and RAM Training College. The landlord is the proper respondent and has legal capacity to be sued.
Outcome
Appeal dismissed
Orders
- The Notice of Grounds of Opposition dated 20th June, 2023 is hereby dismissed.
- The matter shall proceed to hearing on merit.
Authorities cited
Legislation (1)
- Cap. 301, Section 2 (Landlord definition)
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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