Nilerch Investment Company v Ontulili Investment Limited & another (Tribunal Case E1119 of 2023) [2024] KEBPRT 386 (KLR) (6 March 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 386
- Citation
- [2024] KEBPRT 386 (KLR)
- Decided
- 6 March 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePreliminary ObjectionPostureRespondents filed a Preliminary objection to the hearing of the applicationCoramNyarangi, Ojwang
Holding
The Tribunal dismissed the Preliminary Objection and ordered the application to proceed
Facts
The Plaintiff (Nilerch Investment Company) filed an application against the 1st and 2nd Defendants (Ontulili Investment Limited and Pyramid Auctioneers) regarding a controlled tenancy under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301.
Issues
- Jurisdiction of the Tribunal
- Protected Tenant Status
Reasoning
The Tribunal ruled that the Plaintiff is a protected tenant within the confines of the law and that the Tribunal has jurisdiction to hear the application.
Outcome
The application was allowed and the Tribunal proceeded to hear the matter
Orders
- The landlord’s costs are assessed at Kshs 30,000/= against the tenant
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301
Cases cited (1)
- Mukisa Biscuits Manufacturing Company Ltd Vs West End Distributors Limited (1969) EA 696
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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