Wanjira v Grache Leasing Ltd (Tribunal Case E1200 of 2023) [2023] KERRT 1180 (KLR) (5 December 2023) (Ruling)
- Court
- KERRT
- Case number
- 1180
- Citation
- [2023] KERRT 1180 (KLR)
- Decided
- 5 December 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeRent RestrictionPostureAppeal from an earlier orderCoramHILLARY K. KORIR
Holding
The tribunal has no jurisdiction to determine the matter due to the arbitration clause in the tenancy agreement.
Facts
The plaintiff, Wanjira, filed a suit against the defendant, Grache Leasing Ltd, alleging a dispute over a tenancy agreement. The defendant opposed the suit, claiming the tribunal lacks jurisdiction due to the arbitration clause in the tenancy agreement.
Issues
- Jurisdiction of the tribunal
- Arbitration clause in the tenancy agreement
Reasoning
The tribunal found that the parties agreed to the choice of forum on their own volition and integrated it in the Sales Agency Agreement, making the tribunal's jurisdiction invalid.
Outcome
The interim orders are discharged due to lack of jurisdiction.
Orders
- Interim orders are discharged
Remedies
- Opportunity to settle the matter through arbitration
Authorities cited
Legislation (1)
- Cap 296
Cases cited (2)
- Monique Oraro v AAR Insurance Co. Ltd [2019] eKLR
- Nyutu Agrovet Limited Vs. Airtel Networks Limited [2015] eKLR
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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