Republic v Chairperson - Business Premises Rent Tribunal at Nairobi & Rosemary Wangari Chege Ex-Parte Suraj Housing & Properties Limited, Suraj Plaza Limited & Suraj Plaza Management Limited (Miscellaneous Civil Application 134B of 2015) [2016] KEHC 4525 (KLR) (Civ) (29 June 2016) (Judgment)
- Court
- High Court of Kenya
- Case number
- 4525
- Citation
- [2016] KEHC 4525 (KLR)
- Decided
- 29 June 2016
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureEx parte application for leave to apply for orders of certiorari and prohibitionCoramBrar, Chesoni, Madan, Nyarangi, Ochieng, Omolo, PLAZA LIMITED AND SURA, SURA
Holding
The Business Premises Rent Tribunal does not have the jurisdiction to determine disputes other than those arising in a landlord and tenant relationship and disputes arising from the Sectional Properties Act.
Facts
The ex parte applicants are the developer, lessee, and manager of the Suraj Plaza premises. They seek to remove the proceedings against them in the Business Premises Rent Tribunal and prohibit the Chairperson from continuing with the hearing.
Issues
- Whether the Business Premises Rent Tribunal has the jurisdiction to determine disputes other than those arising in a landlord and tenant relationship and disputes arising from the Sectional Properties Act.
Reasoning
The jurisdiction of the Business Premises Rent Tribunal is limited to matters related to controlled tenancies, rent, and repairs as per section 12 of the Act.
Outcome
The application for leave to apply for orders of certiorari and prohibition is dismissed.
Orders
- The proceedings against the ex parte applicants in the Business Premises Rent Tribunal are removed into this Honourable Court and quashed.
- The Chairperson of the Business Premises Rent Tribunal is directed from continuing with the hearing of the said Tribunal Case Number 55 of 2015 and/or entertaining any matter between the Applicants and the Interested Party pertaining to the issues raised therein.
Authorities cited
Legislation (2)
- Section 12 of the Business Premises Rent Tribunal Act
- Section 38(1)(2) and (3) of the Sectional Properties Act
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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