Chitechi v Mbugua (Tribunal Case E113 of 2022) [2023] KEBPRT 699 (KLR) (4 May 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 699
- Citation
- [2023] KEBPRT 699 (KLR)
- Decided
- 4 May 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureApplication for reinstatement of dismissed motionCoramGAKUHI CHEGE, VICE CHAIR
Holding
The application is dismissed with no orders as to costs, and the tenant is at liberty to institute proceedings in the appropriate forum.
Facts
Tenant moved the Tribunal seeking to reinstate her application dated 25th November 2022 and to restrain the landlord from evicting her. The landlord opposed the application, claiming the tenant was evicted due to arrears and that the Tribunal lacked jurisdiction.
Issues
- Whether the tenant's application for reinstatement should be allowed
- Jurisdiction of the Tribunal to order eviction
Reasoning
The Tribunal lacks jurisdiction to order eviction as the landlord's forcible possession of the premises is a matter for the courts, not the Tribunal.
Outcome
Application dismissed
Orders
- Tenant's application dated 2nd March 2023 is dismissed with no orders as to costs
- Order for payment of costs made against the tenant on 1st March 2023 is set aside
- Tenant is at liberty to institute proceedings in the appropriate forum
- The file is ordered closed
Authorities cited
Cases cited (1)
- Re Hebtullah Properties Ltd (1979) 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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