Gikama v Ng’ang’a & another (Tribunal Case E1119 of 2022) [2024] KERRT 308 (KLR) (29 January 2024) (Ruling)
- Court
- KERRT
- Case number
- 308
- Citation
- [2024] KERRT 308 (KLR)
- Decided
- 29 January 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeRent Restriction DisputePostureAppeal from a decision to withdraw a suitCoramHILLARY K. KORIR - CHAIRMAN
Holding
The suit is withdrawn, and the Tribunal does not have jurisdiction over the matter as there no longer exists a Landlord-Tenant relationship. The Plainti must bear the costs.
Facts
The tenant filed a Notice to Withdraw the entire Plaint dated October 18, 2022, but the respondents objected until rent arrears were paid and contempt was purged. The parties were yet to commence the hearing of the suit.
Issues
- Whether the Notice of Withdrawal should be sustained
Reasoning
The court ruled that the right to withdraw a suit is absolute and not subject to conditions, and once withdrawn, the suit cannot be revived. The parties vacated the premises, and the matter can only be adjudicated by civil courts.
Outcome
The suit is withdrawn, and the Tribunal does not have jurisdiction over the matter.
Orders
- The suit is withdrawn.
- The Tribunal does not have jurisdiction over the matter.
- The Plainti must bear the costs.
Authorities cited
Cases cited (3)
- Beijing Industrial Designing & Research Institute v Lagoon Development Ltd
- Allah Baksh v Niamat Ali
- Smt. Rais Sultana Begam v Abdul Qadir & Others
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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