Mabiria & 5 others v Ojijo & 3 others (Tribunal Case E180 of 2021) [2024] KERRT 303 (KLR) (30 January 2024) (Ruling)
- Court
- KERRT
- Case number
- 303
- Citation
- [2024] KERRT 303 (KLR)
- Decided
- 30 January 2024
Summary at a glance
TypeRent Restriction DisputePostureAppeal from an earlier order granting interim ordersCoramH.K KORIR
The tribunal lacks jurisdiction to hear the suit as the tenancy does not fall within Section 2 of the Rent Restriction Act.
Facts
The plaintiffs, Mabiria and five others, claimed against the defendants, Ojijo and three others, alleging a tenancy dispute. The defendants opposed the suit, claiming the tribunal lacked jurisdiction due to the nature of the tenancy.
Issues
- Tribunal jurisdiction
- Landlord-Tenant relationship
Reasoning
The court ruled that the plaintiffs bought the houses through mortgages, which is a commercial transaction, and thus the tribunal's jurisdiction is not applicable. The interim orders are discharged.
Outcome
The preliminary objection is upheld with no orders as to costs.
Orders
- Interim orders are discharged for want of jurisdiction
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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