Naomi Njoki Njau v Francis Mbiyu S. Nguru & 2 others [2021] KEBPRT 357 (KLR)

Facts

The Respondent, Naomi Njoki Njau, was a tenant in the suit premises, paying a monthly rent of Kshs.7000/- in respect of plot no. 21, Karuri Market, Kiambu county. She had expressed an interest to purchase the property from the deceased's family in 1993, but later rescinded the agreement. The Respondent and Stephen Njoroge Mirie entered into a sale agreement on 4th May 1993, with a deposit of Kshs.200,000/-, but the sale was later revoked. The Applicants, Francis Mbiyu S. Nguru and Grace Wanjiku Ngumi, claimed jurisdiction over the matter.

Issues

1. Whether the Tribunal has jurisdiction to grant the orders sought
2. Whether the Applicants are entitled to the reliefs sought in the proceedings

Reasoning

The sale agreement entered into on 4th May 1993 was not declared null and void by any court of competent jurisdiction, and there is no evidence that the Respondent has paid rent to the Applicants or any other person to create a fresh Landlord/Tenant relationship.

Outcome

Application dismissed for lack of jurisdiction

Authorities cited