Purity Njeri Kinyanjui t/a Pub Debrockers v ular (also known as Andy Singh Kulaw); Matindi (Interested Party) (Environment and Land Appeal E055 of 2022) [2023] KEELC 18400 (KLR) (31 May 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 18400
- Citation
- [2023] KEELC 18400 (KLR)
- Decided
- 31 May 2023
Summary at a glance
TypeEnvironment and Land AppealPostureAppeal from a Business Premises Rent Tribunal JudgmentCoramJO MBOYA, ELIUD KARAN
The appeal is dismissed with costs to the Respondent.
Facts
Purity Njeri Kinyanjui t/a Pub Debrockers was a tenant in premises owned by Inderpal Singh Kular. Kular issued a Notice to Terminate Tenancy on August 13, 2021, and Kinyanjui filed a Reference challenging the notice. The case was heard by the Business Premises Rent Tribunal, which dismissed the Reference. Kinyanjui appealed, and the Interested Party, Eliud Karanja Matindi, joined the appeal.
Issues
- Whether the Interested Party can raise separate issues from the Principal Parties.
- Whether the Tribunal had the requisite jurisdiction to hear the dispute.
Reasoning
The court found that the Interested Party cannot contest the existence of a tenancy relationship between the Appellant and the Respondent, as the Appellant herself admits the existence of such a relationship. The court also dismissed the appeal as the Appellant does not pay rents.
Outcome
Appeal dismissed
Orders
- Dismissal of the appeal with costs to the Respondent
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