Samuel Kaptalai Cheptoo & 2 others v David Cullen [2020] KEBPRT 57 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 57
- Citation
- [2020] KEBPRT 57 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureLandlords' application for leave to levy distress and record outstanding arrears of rent and for an order for vacant possession of the suit premises; Tenant's preliminary objection to the jurisdiction of the Tribunal to hear and determine the disputeCoramMBICHI MBOROKI, CHAIRMAN, BUSINESS PREMISES RENT TRIBUNAL
Holding
The Tribunal has no jurisdiction to hear the dispute arising from the sale agreement. The Tenant remains a Landlord and Tenant and is not entitled to an order for vacant possession.
Facts
The Tenant entered into a lease agreement with the Landlords on 2nd January 2009 and another lease agreement on 1st January 2014. The Tenant sold the suit premises to the Landlords on 4th June 2016 but the sale was not completed. The Tenant continued to occupy the premises as a business.
Issues
- Tribunal's jurisdiction to hear the dispute arising from the sale agreement
- Tenant's status as a Landlord and Tenant
- Tenant's obligation to pay rent
Reasoning
The Tribunal found that the sale agreement was not completed and the Tenant did not become the owner of the premises. The relationship between the Tenant and the Landlord is that of Landlord and Tenant.
Outcome
The Landlords' application is allowed.
Orders
- Prayer 2 and 4 of the notice of motion dated 30th October 2019 is hereby granted.
- The Tenant shall pay the costs of the Auctioneer.
- The order issued above shall be stayed for 30 days from the date of delivery of the ruling to enable the Tenant to comply.
- The Tenant shall pay the Landlord costs of the application and other disbursements.
- Costs shall be agreed or taxed by the Tribunal.
Remedies
- Costs of the Auctioneer
- Costs of the application and other disbursements
Authorities cited
Legislation (1)
- Cap 301
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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