Erotekt (Kenya) Limited v Oketch (Tribunal Case E064 of 2023) [2024] KEBPRT 684 (KLR) (5 March 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 684
- Citation
- [2024] KEBPRT 684 (KLR)
- Decided
- 5 March 2024
AI Summary
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TypeApplication for Stay of ExecutionPostureApplication dismissedCoramHON. NDEGWA WAHOME, MBS
Holding
The Application is dismissed. The Applicant will pay costs assessed at Kshs. 10,000/=
Facts
Erotekt (Kenya) Limited applied for a stay of execution of Hon. Ndegwa Wahome's orders dated 2nd February, 2024, pending the hearing and determination of an intended appeal and the filing of a notice of termination of tenancy dated 4th October, 2023.
Issues
- Substantial loss to the Applicant if the orders are not stayed
- Compliance of the notice of termination with the Landlord, Tenant (Shops, Hotels and Catering Establishments Act)
Reasoning
The court found that the Applicant's claim of substantial loss was unsubstantiated and that the notice of termination was compliant with the law.
Outcome
Application dismissed
Orders
- Application dismissed
- Applicant pays Kshs. 10,000/= in costs
Authorities cited
Legislation (2)
- Landlord, Tenant (Shops, Hotels and Catering Establishments Act) Cap 301 of the Laws of Kenya
- Order 42 Rule 6(2) of the Business Premises Rent Tribunal Rules
Cases cited (4)
- Wilson v Church (No.2) CL.D [1879]
- National Dry Cleaners Ltd & Another v Ndunge [1978] EKLR
- BPRT Case No. 43 of 2020
- Kisumu ELC Court Appeal No. 71 of 2021
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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