MARY KANINI KIBIA vs MUKURA KAMAU [2000] KEHC 277 (KLR)
- Court
- High Court of Kenya
- Case number
- 277
- Citation
- [2000] KEHC 277 (KLR)
- Decided
- 21 June 2000
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureSummary Judgment Application DisallowedCoramJ.L.A. OSIEMO
Holding
The application for summary judgment is disallowed.
Facts
The plaintiff, Mary Kanini Kibia, is the owner of plot NO.16/3 Githunguri Market and the defendant, Mukura Kamau, is her tenant. The plaintiff served the defendant with a notice of termination of tenancy on January 21, 1999, under the Landlord and Tenant (Shops, Hotels and Catering Establishment) Act. The defendant did not file a reference to the Business Premises Tribunal within two months of receiving the notice.
Issues
- Defendant's failure to file a reference to the Business Premises Tribunal
- Defendant's claim that he had filed a reference to the Tribunal and it was decided in his favor
Reasoning
The court found that the defendant's defense raised triable issues and thus the defendant should be given an opportunity to defend the suit.
Outcome
Summary Judgment Application Disallowed
Orders
- Costs to be costs in the cause
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishment) Act
- Business Premises Tribunal 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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