Rufus Mbaya v M. Y. Malik T/A Fuji Motors (Nbi) Ltd [2015] KEELC 702 (KLR)
- Court
- Environment & Land Court
- Case number
- 702
- Citation
- [2015] KEELC 702 (KLR)
Summary at a glance
TypeTemporary InjunctionPosturePlaintiff seeks temporary injunction pending hearing of BPRT Case No. 219 of 2014CoramMARY M. GITUMBI
The Application is dismissed with no order as to costs as the relief sought by the Plaintiff/Applicant is for a temporary injunction pending the hearing of BPRT Case No. 219 of 2014, which has been overtaken by events.
Facts
Rufus Mbaya is a tenant on the suit property known as L.R. No. 1870/IX/172 Muthithi Road, Westlands. He has been paying rent in the sum of Kshs. 100,000/-, with a monthly contribution of Kshs. 30,000/-. The Respondent issued an eviction notice on 7th April 2014. The Business Premises Rent Tribunal (BPRT) has a Chairperson, but the Tribunal is not yet sitting.
Issues
- Whether the Plaintiff/Applicant is entitled to a temporary injunction pending the hearing of BPRT Case No. 219 of 2014
- Whether the Defendant/Respondent is entitled to an eviction notice
Reasoning
The Application is uncontested. The Chairperson of the BPRT had been appointed but had not commenced sitting at the time of filing the Application. As of today's date, the Chairperson of the BPRT is now sitting, making the relief sought by the Plaintiff/Applicant for a temporary injunction pending the hearing of BPRT Case No. 219 of 2014, moot.
Outcome
Dismissed
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…