Transallied Limited v Sakai Trading Limited [2016] KEELC 158 (KLR)
- Court
- Environment & Land Court
- Case number
- 158
- Citation
- [2016] KEELC 158 (KLR)
The court finds that a determination of a complaint referred to the tribunal under Section 12(4) of the Landlord and Tenant (Shops, Hotels and Catering Establishment) Act is appealable to this court under Section 15(1) of the Act.
Facts
The Appellant was a sub-tenant of the suit property for 5 years and 3 months. The Respondent served a three-month notice to vacate the property. The Appellant filed a complaint and an application for an interlocutory injunction at the Business Premises Rent Tribunal, which struck out the complaint on the ground that it had no jurisdiction over the property.
Issues
- Whether the Appellant had a right to appeal to the court and
- Whether the appeal is competent
Reasoning
The court considers the proceedings of the tribunal and the memorandum of appeal. It determines that the issue of appealability was raised and considered by the court, and the decision is final.
Outcome
The appeal is allowed.
Orders
- The appeal is allowed.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishment) Act, Cap 301 Laws of Kenya
Cases cited (3)
- Re Hebatulla Properties Ltd. (1979 – 1980) KLR 96
- Gatimu Kinguru Vs. Muya Gathangi (1976 – 80) I KLR 317
- East African Railways Corporation vs. Anthony Sefu Dar –es- Salaam (HCCA No. 19 of 1971) (1983) E. A 327
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