Mamboleo v Kang’ethe (Tribunal Case E129 of 2025) [2025] KEBPRT 263 (KLR) (4 February 2025) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 263
- Citation
- [2025] KEBPRT 263 (KLR)
- Decided
- 4 February 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureTenant's Application for Injunctions dismissed with costsCoramHON A. MUMA - MEMBER
Holding
The Plaint and Notice of Motion dated 3rd February, 2025 is dismissed with costs to the Landlord assessed at KShs. 20,000.00
Facts
The Tenant filed a Plaint seeking injunctions against the Landlord, and the Application for a temporary injunction was granted.
Issues
- Whether the instant suit is res judicata
- Whether the Tenant is entitled to the orders sought
Reasoning
The Tribunal found that the termination notice dated 9th November, 2021 was issued to the Tenant, rendering the instant suit res judicata.
Outcome
Dismissal of the Plaint and Notice of Motion with costs
Orders
- Plaint and Notice of Motion dated 3rd February, 2025 is dismissed with costs to the Landlord assessed at KShs. 20,000.00
Authorities cited
Cases cited (1)
- John Florence Maritime Services Limited & another v Cabinet Secretary Transport & Infrastructure & 3 Others (Petition 17 of 2015) [2021] KESC 39 (KLR)
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…