[2025] KEBPRT 233 (KLR)

[2025] KEBPRT 233 (KLR)

The Tribunal found that the Tenant's application sought to challenge or re-open issues that had already been conclusively determined by both the Tribunal and the Environment & Land Court, including orders for vacant possession and dismissal of the Tenant's appeals. The Tribunal held that it was functus officio, lacking jurisdiction to revisit the matter, and that the application was res-judicata. The Tribunal further found the Tenant's repeated applications to be an abuse of process, intended to frustrate the Landlord's enjoyment of his property rights. The Tribunal dismissed the application and struck out the suit, ordering the Tenant to bear the costs.

Citation
[2025] KEBPRT 233 (KLR)
Parties
Applicant: Bernard Oyugi; Respondent: Kenneth Kaunda Kimani
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
8 April 2025
Case Number
Tribunal Case 1414 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Outcome
application dismissed and suit struck out as res-judicata and abuse of process
Judges
CN Mugambi
Legal Topics
Landlord Tenant Disputes, Termination of Tenancy, Res Judicata, Abuse of Process
Source Language
English
Land and Property Civil Procedure Landlord Tenant Disputes Termination of Tenancy Res Judicata Abuse of Process

Case Brief

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Parties

Bernard Oyugi

Applicant

Kenneth Kaunda Kimani

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the Tenant is entitled to orders restraining the Landlord from interfering with his tenancy in the suit premises.
  2. 2 Whether the Tribunal has jurisdiction to entertain the Tenant's application in light of previous determinations.
  3. 3 Whether the Tenant's application is res-judicata and an abuse of court process.

Ratio Decidendi

The Tribunal found that the Tenant's application sought to challenge or re-open issues that had already been conclusively determined by both the Tribunal and the Environment & Land Court, including orders for vacant possession and dismissal of the Tenant's appeals. The Tribunal held that it was functus officio, lacking jurisdiction to revisit the matter, and that the application was res-judicata. The Tribunal further found the Tenant's repeated applications to be an abuse of process, intended to frustrate the Landlord's enjoyment of his property rights. The Tribunal dismissed the application and struck out the suit, ordering the Tenant to bear the costs.

Court Disposition

application dismissed and suit struck out as res-judicata and abuse of process

Orders

  • The Tenant's application is dismissed.
  • The suit is struck out as res-judicata and an abuse of court process.