Calyx Red Limited v Raphael Torome (The Administrator of the Estate of Grace Wairimu Torome) & Ideal Auctioneers (Miscellaneous Application E042 of 2021) [2022] KEELC 774 (KLR) (15 March 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 774
- Citation
- [2022] KEELC 774 (KLR)
- Decided
- 15 March 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks to commit Lord Torome and Christine Torome to Civil Jail for contempt and disobedience of orders granted by the Business Premises Rent TribunalCoramM.N. Gicheru
Holding
The Court does not have jurisdiction to deal with the breach of the order issued by the Lower Court.
Facts
The Applicant filed a Miscellaneous Application on July 14, 2021, seeking to commit Lord Torome and Christine Torome to Civil Jail for contempt and disobedience of an order from the Business Premises Rent Tribunal. The application was opposed by the Respondents and Lord Torome provided a replying affidavit.
Issues
- Does the Court have jurisdiction to deal with a breach of an order issued by the Lower Court in a matter pending before the Lower Court?
- Does the Landlord and Tenants (Shops, Hotels and Catering Establishments) Act apply to this case?
Reasoning
The Court found that the Magistrates' Court Act provides the Court with power to punish for contempt, but the Landlord and Tenants (Shops, Hotels and Catering Establishments) Act does not apply to this case.
Outcome
The application is dismissed with costs.
Authorities cited
Legislation (2)
- Magistrates' Court Act (ACT NO. 26 of 2015)
- Landlord and Tenants (Shops, Hotels and Catering Establishments) 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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