Jawanga Investments Ltd v S. K. Shah t/a Levins (Tribunal Case E906 of 2023) [2024] KEBPRT 257 (KLR) (Civ) (29 February 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 257
- Citation
- [2024] KEBPRT 257 (KLR)
- Decided
- 29 February 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous orderCoramHON. NDEGWA WAHOME MBS - MEMBER
Holding
The tenant is entitled to the demised premises and the landlord is directed to allow free access and restore goods.
Facts
The tenant, S. K. Shah t/a Levins, vacated the business premises on January 10, 2023, and the landlord, Jawanga Investments Ltd, sought interim orders and a stay of previous orders.
Issues
- Tenant's right to vacate the premises
- Landlord's right to interim orders and stay of previous orders
- Jurisdiction of the tribunal
Reasoning
The tribunal lacks jurisdiction due to the tenant's vacating the premises, and the landlord's interim orders are not just.
Outcome
Tenant wins
Orders
- Tenant to be entitled to the demised premises
- Landlord to allow free access and restore goods
Remedies
- Tenant to be entitled to the demised premises
- Landlord to allow free access and restore goods
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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