Shem Thomason Machoka & another v Gilta Investment Limited & another [2021] KEELC 4510 (KLR)
- Court
- Environment & Land Court
- Case number
- 4510
- Citation
- [2021] KEELC 4510 (KLR)
Summary at a glance
TypeAppealPostureAppeal from a Ruling and decision of Hon. John M. Njoroge CMCoramDhirajlal
The court held that the determination adopted by the trial court was not a determination of the Business Premises Rent Tribunal as envisaged in section 14 Landlord and Tenant (Shops, Hotels and Catering Establishment) Act.
Facts
The Appellants were running a business on leased premises, and the 1st Respondent issued a Notice to Terminate Tenancy. The Business Premises Rent Tribunal confirmed the cessation of the Tenancy on 11th October 2016. The Appellants then filed an application to set aside and review the orders of the trial court.
Issues
- Whether the determination adopted by the trial court was a determination of the Business Premises Rent Tribunal as envisaged in section 14 Landlord and Tenant (Shops, Hotels and Catering Establishment) Act
- Whether the trial court erred by failing to review the order of eviction made on 13th October 2016 as provided under Order 45 of the Civil Procedure Rules.
Reasoning
The court ruled that the determination was a letter from a Rent inspector, not a formal determination by the Tribunal. The court also held that the trial court's orders were not open to review.
Outcome
Appeal dismissed
Orders
- The determination of the Tribunal was not a determination of the Business Premises Rent Tribunal as envisaged in section 14 Landlord and Tenant (Shops, Hotels and Catering Establishment) Act.
- The trial court's orders were not open to review.
Authorities cited
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