Kamkis Trading Company Limited v Oxford Quality Part Limited & another (Tribunal Case E549 of 2024) [2025] KEBPRT 188 (KLR) (29 January 2025) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 188
- Citation
- [2025] KEBPRT 188 (KLR)
- Decided
- 29 January 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureAppeal from a final orderCoramP. Kitur
Holding
The entire suit is hereby dismissed for want of jurisdiction.
Facts
The Tenant vacated the premises in February 2023 and owed rent arrears to the Landlord. The Landlord filed a Complaint and an Application seeking payment of arrears and costs.
Issues
- Whether the Tribunal has jurisdiction to determine the matter
- Whether the Landlord has the right to seek payment of arrears after the Tenant vacated the premises
Reasoning
The Tribunal has no jurisdiction to determine the matter as the suit was filed after the Tenant had vacated the premises.
Outcome
Appeal dismissed
Orders
- The entire suit is hereby dismissed for want of jurisdiction.
- Any Orders granted herein are discharged.
- Costs are awarded to the Respondents assessed at Kshs 40,000/=.
- The le is marked as closed.
Authorities cited
Cases cited (2)
- Owners of the Motor Vessel ‘Lillian” (s) v Caltex Oil (Kenya) Ltd [1989] KLR1
- Samuel Kamau Macharia & another v Kenya Commercial Bank Limited & 2 others [2012] 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.
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