[2018] KEHC 2481 (KLR)

[2018] KEHC 2481 (KLR)

The High Court (Commercial & Admiralty Division) determined that it lacked jurisdiction to set aside the order of the Business Premises Tribunal in Case Number 678 of 2018. The court held that supervisory jurisdiction over the Tribunal is exercised by the Environment and Land Court, as provided by statute. There was...

Source-derived case information.

Citation
[2018] KEHC 2481 (KLR)
Parties
Plaintiff: Awali Tumaini Investment Limited; Defendant: Engen Kenya Limited; Defendant: Co-operative Bank of Kenya Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Civil Case 313 of 2018
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion to Set Aside Tribunal Order
Outcome
Application struck out for want of jurisdiction.
Judges
F Tuiyott
Legal Topics
Jurisdiction of Court, Supervisory Jurisdiction, Business Premises Tribunal
Source Language
en
Civil Procedure Land and Property Jurisdiction of Court Supervisory Jurisdiction Business Premises Tribunal

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Summary, issues, holding and outcome

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Parties

Awali Tumaini Investment Limited

Plaintiff

Engen Kenya Limited

Defendant

Co-operative Bank of Kenya Limited

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Notice of Motion to Set Aside Tribunal Order

Legal Issues

  1. 1 Whether the High Court has jurisdiction to set aside an order of the Business Premises Tribunal.
  2. 2 Whether the Environment and Land Court is the proper forum for supervisory jurisdiction over the Business Premises Tribunal.

Ratio Decidendi

The High Court (Commercial & Admiralty Division) determined that it lacked jurisdiction to set aside the order of the Business Premises Tribunal in Case Number 678 of 2018. The court held that supervisory jurisdiction over the Tribunal is exercised by the Environment and Land Court, as provided by statute. There was no evidence that the Tribunal's order was in contempt or contravention of an order issued by the High Court, which might have justified intervention. Consequently, the application to set aside the Tribunal's order was struck out for want of jurisdiction.

Court Disposition

Application struck out for want of jurisdiction.

Orders

  • The Notice of Motion dated 3rd September 2018 is struck out with costs.