Kirata Africa Limited v Blue Violets Facilities Limited & another (Tribunal Case E175 of 2024 & E1231 of 2023 (Consolidated)) [2024] KEBPRT 873 (KLR) (5 July 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 873
- Citation
- [2024] KEBPRT 873 (KLR)
- Decided
- 5 July 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureAppeal from a previous decisionCoramHON. ANDREW MUMA
Holding
The Tribunal lacks jurisdiction in respect to the matter before it and must down its tools.
Facts
The tenant, Kirata Africa Limited, sought injunction orders against the landlord, Blue Violets Facilities Limited, and an auctioneer, Kang'ethe Enterprises Auctioneers, to prevent them from interfering with the tenant's tenancy.
Issues
- Whether this court has the requisite jurisdiction to hear and determine this matter.
Reasoning
The Tribunal found that the tenancy relationship between the landlord and tenant was for a period exceeding five years, which does not meet the criteria for a controlled tenancy under the Landlords and Tenants (Shops, Hotels and Catering) Establishment Act.
Outcome
The Tenant's Application and Reference dated 7th February 2024 is hereby dismissed entirely with costs for lack of jurisdiction.
Orders
- The orders shall apply to both E175/2024 and 1231/2023
Authorities cited
Legislation (1)
- Landlords and Tenants (Shops, Hotels and Catering) Establishment Act CAP 301
Cases cited (1)
- Lillian S' v Caltex Oil (Kenya) Limited, Civil Appeal No 50 of 1989, [1989] eKLR
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…