Rashid t/a Melodica v Elimu Investments Ltd & another (Environment and Land Appeal E112 of 2022) [2023] KEELC 19333 (KLR) (10 August 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 19333
- Citation
- [2023] KEELC 19333 (KLR)
- Decided
- 10 August 2023
Summary at a glance
TypeEnvironment and Land AppealPostureAppeal from the Ruling and Directions of the Nairobi Business Premises Rent TribunalCoramJO MBOYA, Madan, Turner L.
The Appeal is dismissed with costs to the Respondents.
Facts
The Appellant, a tenant, issued a Notice to Terminate Tenancy to the Respondents, Landlords, in 2016. The Appellant then filed references challenging the propriety of the Notice. The Appellant also filed an Application seeking an adjournment of the main suit pending the hearing of Contempt proceedings before the High Court.
Issues
- Whether the Memorandum of appeal satisfies the prescribed threshold
- Whether the chairperson of the tribunal erred in law by declining to adjourn the main suit pending Contempt proceedings
- Whether the failure to adjourn the main suit breached the Appellant's Right to Fair Hearing and Fair Trial
- Whether the Doctrine of lis pendens applies to the dispute
Reasoning
The Appellant's appeal is dismissed as the grounds do not have merit. The Doctrine of lis pendens is not applicable in this case.
Outcome
Appeal dismissed
Orders
- Appeal dismissed with costs to the Respondents
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