Nasry Consultants Limited v Okumu & another; Mutunga & another (Interested Parties) (Tribunal Case E722 of 2023) [2024] KEBPRT 324 (KLR) (Civ) (25 March 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 324
- Citation
- [2024] KEBPRT 324 (KLR)
- Decided
- 25 March 2024
The 2nd Interested Party’s Notice of Preliminary Objection is upheld, and the landlord's Reference and Application dated 24th July 2023 is dismissed. Each party shall bear their own costs.
Facts
Nasry Consultants Limited is the landlord of business premises located along Chamber Road in Ngara. Gabriel Okumu and Hellen Gitaro Kibe are tenants of the premises. The landlord moved the Tribunal for orders certifying the matter as urgent, evicting the tenants and the OCS Parklands Police Station. The Tribunal granted the landlord's application and allowed eviction. Benson Masila Mutunga and Sabahat Naim Haq filed applications seeking to be admitted as interested parties.
Issues
- Whether the Tribunal has the jurisdiction to hear and determine the matter
- Whether the landlord's application for eviction was valid
Reasoning
The Tribunal held that the landlord's application for eviction was valid and that the Tribunal has the jurisdiction to hear and determine the matter.
Outcome
Appeal dismissed
Orders
- The landlord's Reference and Application dated 24th July 2023 is dismissed
- Each party shall bear their own costs
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