SPANNER RIGHT AUTO LIMITED v SHELL & BP (MALINDI) KENYA LIMITED [2011] KEHC 2136 (KLR)

Facts

The Plaintiff brought a suit claiming to be a controlled tenant under the Business Premises (Shops, Hotels and Catering Establishments) Act, Cap 302, seeking a permanent injunction to restrain the Defendant from levying distress for rent. The Plaintiff filed a chamber summons for a temporary injunction pending disposal of the suit. The Defendant applied to strike out the Plaintiff's suit based on findings that the Plaintiff was not a controlled tenant and that the Defendant did not require leave of the Business Premises Rent Tribunal to levy distress for rent.

Issues

1. Whether the Plaintiff is a controlled tenant under the Act.
2. Whether the Defendant requires leave of the Business Premises Rent Tribunal to levy distress for rent.

Reasoning

The court found that the Plaintiff was not a controlled tenant and that the Defendant did not require leave of the Business Premises Rent Tribunal to levy distress for rent, thus the Plaintiff's suit was without merit.

Outcome

The Plaintiff's suit is struck out.

Authorities cited