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Civil Procedure [2025] KEHC 6603 (KLR)

Were v Miano

Were v Miano [2025] KEHC 6603 (KLR)

The High Court held it lacked jurisdiction over an appeal from the Business Premises Tribunal and dismissed the appeal with costs, declining to transfer it to the ELC.

  • Jurisdiction Of High Court
  • Appeals From Tribunals
  • Transfer Of Proceedings
  • Business Premises Tribunal
  • Jurisdiction
  • Business-premises-tribunal
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Land And Property [2024] KEELC 7395 (KLR)

Prime Spot Enterprises Limited v Akoth

Prime Spot Enterprises Limited v Akoth [2024] KEELC 7395 (KLR)

The court struck out an appeal from a Business Premises Rent Tribunal complaint, holding that section 15(1) of Cap. 301 allows appeals only from references, not complaints.

  • Controlled Tenancy
  • Jurisdiction Of Appeal
  • Business Premises Tribunal
  • Termination Of Tenancy
  • Injunctive Orders
  • Controlled-tenancy
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Land And Property [2024] KEELC 5102 (KLR)

Faki v Sulum

Faki v Sulum [2024] KEELC 5102 (KLR)

An appeal against a rent assessment of Kshs.60,000 per month plus VAT was dismissed. The Environment and Land Court upheld the tribunal’s decision and costs order.

  • Rent Assessment
  • Business Premises Tribunal
  • Valuation Reports
  • Appeals Process
  • Costs Award
  • Rent-assessment
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Civil Procedure [2024] KEELC 4287 (KLR)

Wakaimba & 2 others v Wahome

Wakaimba & 2 others v Wahome [2024] KEELC 4287 (KLR)

The Environment and Land Court granted a stay of proceedings in a Business Premises Tribunal case pending appeal, finding the appeal arguable and the application timely.

  • Stay Of Proceedings
  • Res Judicata
  • Abuse Of Process
  • Business Premises Tribunal
  • Stay-of-proceedings
  • Res-judicata
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Land And Property [2024] KEELC 1794 (KLR)

Kamau v Magari

Kamau v Magari [2024] KEELC 1794 (KLR)

The Environment and Land Court dismissed a tenant’s appeal, upholding consolidation of references and finding no basis to disturb the tribunal’s discretionary orders.

  • Landlord Tenant Disputes
  • Consolidation Of Proceedings
  • Appeals Process
  • Business Premises Tribunal
  • Eviction Proceedings
  • Landlord-tenant-disputes
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Civil Procedure [2023] KEELC 21777 (KLR)

Wainaina & 3 others v Mwangi

Wainaina & 3 others v Mwangi [2023] KEELC 21777 (KLR)

The court held that the High Court, which issued the order forming the basis of the contempt application, lacked jurisdiction over the matter as it fell within the purview of the Environment and Land Court under Article 162(2) of the Constitution. Consequently, any orders issued by the High Court in this context were null and void ab initio. Since the contempt application was premised on a null and void order, it was itself incurably defective and could not be entertained. The court therefore struck out the application with costs to the respondent, emphasizing that jurisdiction is fundamental…

  • Contempt Of Court
  • Jurisdiction
  • Nullity Of Orders
  • Business Premises Tribunal
  • Transfer Of Proceedings
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Land And Property [2023] KEELC 21410 (KLR)

Kariuki v Iprocure Limited

Kariuki v Iprocure Limited [2023] KEELC 21410 (KLR)

The court found that the plaintiff failed to establish a prima facie case for the grant of a temporary injunction. The evidence showed that the defendant was in occupation of the suit property as a tenant of Peter N. Mburu, who was himself a tenant of the plaintiff. The plaintiff was aware of the defendant's occupation for several months before seeking court intervention and had acquiesced to the situation. Furthermore, a related tenancy dispute was pending before the Business Premises Tribunal, and granting the injunction would interfere with the tribunal's jurisdiction. Since the first limb…

  • Injunctive Relief
  • Landlord Tenant Disputes
  • Trespass To Land
  • Business Premises Tribunal
  • Prima Facie Case
  • Irreparable Harm
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Land And Property [2019] KEELC 128 (KLR)

Pabari Harikrishna Premji t/a Pramuk Supplies v Velji Khimji Maroo

Pabari Harikrishna Premji t/a Pramuk Supplies v Velji Khimji Maroo [2019] KEELC 128 (KLR)

The court remitted a rent-determination appeal to the Business Premises Tribunal after finding it failed to consider a joint valuation report.

  • Controlled Tenancy
  • Rent Determination
  • Valuation Reports
  • Business Premises Tribunal
  • Controlled-tenancy
  • Rent-determination
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Civil Procedure [2018] KEHC 2481 (KLR)

Awali Tumaini Investment Limited v Engen Kenya Limited & Co-operative Bank of Kenya Limited

Awali Tumaini Investment Limited v Engen Kenya Limited & Co-operative Bank of Kenya Limited [2018] KEHC 2481 (KLR)

The High Court held it lacked jurisdiction to set aside a Business Premises Tribunal order, finding supervisory jurisdiction lay with the Environment and Land Court.

  • Jurisdiction Of Court
  • Supervisory Jurisdiction
  • Business Premises Tribunal
  • Jurisdiction
  • Business-premises-tribunal
  • Supervisory-jurisdiction
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Land And Property [2018] KEHC 2788 (KLR)

Elijah Gitari t/a G.R. Service, Maria Wamboi & Micheal Ndegwa v Ann Ngaru Waithaka

Elijah Gitari t/a G.R. Service, Maria Wamboi & Micheal Ndegwa v Ann Ngaru Waithaka [2018] KEHC 2788 (KLR)

The High Court upheld rent assessments made by the tribunal, but changed the effective date for the new rent to September 2011 when the joint valuation report was filed.

  • Rent Assessment
  • Landlord Tenant Disputes
  • Business Premises Tribunal
  • Valuation Reports
  • Rent-assessment
  • Landlord-tenant-disputes
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.