Kaigi v Deluxe Motors Ltd & another (Tribunal Case E416 of 2023) [2024] KEBPRT 64 (KLR) (29 January 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 64
- Citation
- [2024] KEBPRT 64 (KLR)
- Decided
- 29 January 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureAppeal from a decision of the Business Premises Rent TribunalCoramNyarangi, Odunga
Holding
The Tribunal has jurisdiction to hear and determine the matter
Facts
The Tenant, Charity Wangui Kaigi, moved the Tribunal seeking an ex-parte interim temporary injunction order against the Landlord, Deluxe Motors Ltd, and their agents, servants, employees, heirs or assigns, to prevent them from denying the Tenant access to part of the suit premises, including hanging lines, water, and locking out the Tenant.
Issues
- Whether the Tribunal has jurisdiction to hear and determine this matter
Reasoning
The court emphasized that jurisdiction is fundamental and can be raised by the court suo moto. The court cited several cases to support this stance.
Outcome
The Tenant's application is dismissed with no orders
Authorities cited
Cases cited (4)
- Nasra Ibrahim Ibren v Independent Electoral and Boundaries Commission & 2 others
- Owners and Masters of The Motor Vessel “Joey” v Owners and Masters of The Motor Tugs “Barbara” and “Steve B” [2008] 1 EA 367
- Dhirajlal Shah & another v Vijay Amritlal Shethia [2018] eKLR
- Owners of Motor Vessel “Lilian” (S) v Caltex Oil Kenya Ltd [1989] KLR 1
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.
Loading judgment…