Acorn Limited v Gold Rock Development Ltd & 2 others (Tribunal Case E808 of 2023) [2024] KEBPRT 230 (KLR) (11 March 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 230
- Citation
- [2024] KEBPRT 230 (KLR)
- Decided
- 11 March 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureTenant's application for temporary injunction against landlord and respondents challenged jurisdiction of TribunalCoramHON. PATRICIA MAY
Holding
The preliminary objection is dismissed with no orders as to costs, and the parties are directed to fix the reference for hearing and file compliance documents.
Facts
Tenant filed an application for temporary injunction against landlord and respondents, who challenged the Tribunal's jurisdiction due to the lease term exceeding 5 years.
Issues
- Whether the tenancy agreement gave rise to a controlled tenancy subject to the jurisdiction of the Tribunal
- Jurisdiction of the Tribunal under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
Reasoning
The Tribunal's jurisdiction is limited to controlled tenancies as defined by the Act. The lease term did not meet the Act's requirements for a controlled tenancy.
Outcome
Tenant's application for temporary injunction dismissed
Orders
- Parties to fix the reference for hearing
- Parties to file compliance documents within 30 days
- Mention for compliance on 22.4.2024
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, cap 301 Laws of Kenya
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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