Fredrick Evanzi Gamaliel t/a Fred Motor Works v Mohamed (Tribunal Case E078 of 2023) [2023] KEBPRT 712 (KLR) (2 November 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 712
- Citation
- [2023] KEBPRT 712 (KLR)
- Decided
- 2 November 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent DisputePostureAppeal from a previous decisionCoramMadan
Holding
The applicant's application and reference are incompetent and bad in law due to lack of jurisdiction.
Facts
The applicant, Fredrick Evanzi Gamaliel t/a Fred Motor Works, claimed that the respondent, Sajad O. Mohamed, illegally obstructed his business premises by locking the back door and main gate with padlocks, denying him access.
Issues
- Whether the Tribunal has jurisdiction to hear the applicant's complaint/reference.
- Whether the applicant's application dated 30th March 2023 and the reference of even date ought to be allowed or dismissed.
- Whether the respondent's preliminary objection and application dated 24th April 2023 and 5th June 2023 ought to be allowed or dismissed.
- Who is liable to pay costs.
Reasoning
The lease agreement is for a period of 5 years 1 month, exceeding the 5-year limit set by Section 2(1)(a) of Cap. 301, Laws of Kenya, and thus ousts the Tribunal's jurisdiction.
Outcome
The applicant's application and reference are struck out for want of jurisdiction. The respondent's preliminary objection and application are allowed with costs.
Orders
- The applicant's reference and application dated 30th March 2023 are hereby struck out for want of jurisdiction.
- The respondent's notice of preliminary objection dated 24th April 2023 and the application dated 5th June 2023 are hereby allowed with costs.
- The respondent's costs are assessed at Kshs.25,000/- against the applicant.
Authorities cited
Legislation (1)
- Owners of Motor Vessel Lillian S
Cases cited (2)
- Pritam vs Ratilal & Another (1972) EA 560
- Owners of Motor Vessel Lillian S
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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