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SALEH AWADH SALIM V ABDALLA SAID BAKARAT & ANOTHER [2013] KEHC 3935 (KLR)

[2013] KEHC 3935 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3935
Citation
[2013] KEHC 3935 (KLR)
Decided
29 April 2013
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks to review a previous ruling/orderCoramM. ODERO
Holding

The court dismisses the application and awards costs to the respondents

Facts

The appellant, Saleh Awadh Salim, has been paying rent and the respondents, Abdalla Said Bakarat and Barakat Said Barakat, have been receiving it. The respondents have received orders from the Business Premises Rent Tribunal entitling them to evict the appellant.

Issues

  1. Whether the court can review the previous ruling/order
  2. Whether the appellant's continued payment and respondents' continued receipt of rent establish a Landlord/Tenant relationship

Reasoning

The court finds that the appellant's continued payment and respondents' continued receipt of rent do not establish a Landlord/Tenant relationship. The court also finds that the appellant is abusing the court process by seeking similar orders from the court.

Outcome

Appeal dismissed

Orders

  • Award of costs to the respondents
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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