Justus Munyinyi Macharia t/a Gusii Propriety Club v Dakianga Distributors Limited [2021] KEELC 1902 (KLR)
- Court
- Environment & Land Court
- Case number
- 1902
- Citation
- [2021] KEELC 1902 (KLR)
- Decided
- 29 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePreliminary Objection to SuitCoramJ.M ONYANGO
Holding
The claim for compensation for unlawful eviction is within the jurisdiction of the court.
Facts
The Plaintiff's mother rented business premises and later the Defendant bought them. The Defendant served a termination notice, and the Plaintiff filed a reference with the Business Premises Rent Tribunal. The Tribunal ordered the Plaintiff to vacate the premises.
Issues
- Whether the Plaintiff's suit violates section 91 of the Civil Procedure Act
Reasoning
The Plaintiff's suit is not for restitution but for compensation, which is not covered by section 91 of the Civil Procedure Act. The court dismissed the Preliminary Objection.
Outcome
Preliminary Objection dismissed with costs to the Plaintiff.
Authorities cited
Legislation (1)
- Civil Procedure Act
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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