Musa Hassan Ali v Hannah Wairimu Gitau & another [2014] KEHC 572 (KLR)
- Court
- High Court of Kenya
- Case number
- 572
- Citation
- [2014] KEHC 572 (KLR)
- Decided
- 21 November 2014
The court lacks jurisdiction to grant the injunction sought by the plaintiff, as the Business Premises Rent Tribunal has no authority to do so. The court grants the injunction but with a condition that the plaintiff gives an undertaking as to damages.
Facts
Musa Hassan Ali is a tenant of Hannah Wairimu Gitau's hotel premises since June 2010. He claims he was a protected tenant under the Landlord and Tenants Act and that he has invested heavily in the property. He alleges the defendants have unlawfully evicted him and are in the process of breaking into the hotel.
Issues
- Jurisdiction of the Business Premises Rent Tribunal
- Whether the court has jurisdiction to grant injunctions
Reasoning
The court holds that the Business Premises Rent Tribunal lacks jurisdiction to grant the injunction, and the court's jurisdiction is supreme. The court orders the rent to be deposited in court and the suit to be stayed pending the tribunal's decision.
Outcome
Application granted with condition
Orders
- Temporary injunction granted
- Rent to be deposited in court
- Suit stayed pending tribunal's decision
Remedies
- Damages undertaking
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Landlord and Tenants (Shop, Hotels and Catering Establishments) Act
- Environment and Land Court Act
Cases cited (1)
- Giella v Cassman Brown Limited
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