Josephat Thuo Githachuri t/a Kiarigi Building Contractors v Parkview Properties Limited [2005] KEHC 871 (KLR)
- Court
- High Court of Kenya
- Case number
- 871
- Citation
- [2005] KEHC 871 (KLR)
- Decided
- 10 November 2005
The tribunal has jurisdiction, the procedure of trial was irregular, and the assessment of rent was arrived at irregularly. The appeal is allowed with costs to the appellant.
Facts
The appellant, Josephat Thuo Githachuri, was the tenant of offices premises in Nairobi Central Business District. The respondent, Parkview Properties Limited, was the landlord. The appellant had disputes with the tribunal regarding the jurisdiction, procedure, and assessment of rent.
Issues
- Jurisdiction of the tribunal
- Procedure of trial
- Assessment of rent
Reasoning
The court held that the tribunal had jurisdiction, the procedure of trial was irregular, and the assessment of rent was arrived at irregularly. The court set aside the rent assessed by the tribunal and ordered a fresh assessment by independent valuers.
Outcome
Appeal allowed with costs to the appellant
Orders
- Set aside the rent assessed by the tribunal
- Order a fresh assessment by independent valuers
Remedies
- Costs to the appellant
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap. 301 Laws of Kenya
Loading judgment…