Peter Njagi t/a Mwenda Njagi & Company Advocates v Muruga Investments Ltd & another [2021] KEBPRT 389 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 389
- Citation
- [2021] KEBPRT 389 (KLR)
- Decided
- 3 August 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPosturePreliminary Objection to JurisdictionCoramHON. CYPRIAN MUGAMBI NGUTHARI
Holding
The Tribunal has no jurisdiction to hear and determine the dispute as the lease agreement is for a period of 5 years and 3 months, which is outside the jurisdiction of the Tribunal.
Facts
The tenant and landlord entered into a lease agreement dated 9th May 2019 for a period of 5 years and 3 months. The tenant claims the tenancy is a controlled tenancy, while the landlord disputes this.
Issues
- Jurisdiction of the Tribunal
- Nature of the lease agreement
Reasoning
The lease agreement is for a period of 5 years and 3 months, which exceeds the jurisdiction limit of the Tribunal. The lease is not in writing and does not contain a clause for termination within five years from the commencement thereof.
Outcome
The Landlord’s notice of preliminary objection is allowed with costs to the Landlord.
Orders
- Jurisdiction of the Tribunal is limited to controlled tenancies
- The lease agreement is not a controlled tenancy
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
- Evidence Act
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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