Josca Ventures Limited v Airport Warehousing Limited & another [2020] KEBPRT 56 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 56
- Citation
- [2020] KEBPRT 56 (KLR)
- Decided
- 11 June 2020
The Tribunal struck out the Tenant’s reference and notice of motion dated 18th March 2020 as incompetent for want of jurisdiction.
Facts
The Tenant/Applicant conceded that the Landlord in respect of the suit premises is Saku Development Ltd, not Airport Warehousing Ltd. The proceedings against Airport Warehousing Ltd were misconceived.
Issues
- Misconceived proceedings against Airport Warehousing Ltd
- Misuse of Tribunal process
Reasoning
The Tribunal found that the proceedings were misconceived as there was no Landlord and Tenant relationship between the Applicant and Airport Warehousing Ltd. The letter of offer dated 14th June 2019 created a tenancy agreement for a period of 5 years and 3 months, but the tenancy was not controlled within the meaning of section 2 of Cap 301.
Outcome
The proceedings were struck out and the interim orders were discharged.
Orders
- Tenant’s reference dated 18th March 2020 and notice of motion dated 18th March 2020 are struck out as incompetent for want of jurisdiction.
- Interim orders issued on 19th March 2020 are and all other consequential orders are hereby discharged.
- Tenant/Applicant shall pay the Landlord (Saku Development Co Ltd) costs of the reference assessed at shs 60,000 all inclusive.
- Costs shall be paid within 14 days from the date of deliver and/or service of this order in default the Landlord shall recover the same by way of distress as part of arrears of rent.
Remedies
- Striking out of reference and notice of motion
- Discharge of interim orders
- Payment of costs
Authorities cited
Legislation (1)
- Cap 301
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