Kanthilal Ramji Bhundia & 2 others v Joseph Waitiki Ndegwa [2014] KEHC 7737 (KLR)
- Court
- High Court of Kenya
- Case number
- 7737
- Citation
- [2014] KEHC 7737 (KLR)
- Decided
- 24 February 2014
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondents filed preliminary objection to jurisdiction.CoramA. OMBWAYO
Holding
The High Court has jurisdiction to issue the injunction sought.
Facts
Applicants seek an injunction to prevent eviction and disconnection of water and electricity supply. Respondents have not complied with the Business Premises Rent Tribunal.
Issues
- Jurisdiction of the High Court
- Injunctions and Declarations by the Business Premises Rent Tribunal
Reasoning
The court cannot usurp the powers of the Tribunal and must follow the procedure provided by the law. The applicants have come to court due to fear of unlawful eviction and disconnection.
Outcome
The preliminary objection raised by the respondents is hereby dismissed with costs.
Orders
- Injunction to prevent eviction and disconnection of water and electricity supply until the dispute is determined by the Tribunal.
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301
- Constitution of Kenya 2010
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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