Hawi and Hera Beauty Salon v Avenue House Limited [2021] KEBPRT 53 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 53
- Citation
- [2021] KEBPRT 53 (KLR)
The Tribunal has no jurisdiction to hear the case.
Facts
The tenant, Hawi and Hera Beauty Salon, sought a permanent injunction against the landlord, Avenue House Limited, to restrain the landlord from demanding an impugned rent increment and threatening to evict the tenant. The tenant claimed the rent was illegally increased from Kshs.84,000 to Kshs.100,780 without due process.
Issues
- Whether the Tribunal has jurisdiction to hear the case.
- Whether the tenant is entitled to the orders sought.
- Who is liable to pay costs of the suit.
Reasoning
The Tribunal found that there was a written lease agreement dated 13 March 2018 between the landlord and the tenant, which created a controlled tenancy. The Tribunal held that the existence of the lease agreement is a pre-requisite for the application of the Act and without it, the Tribunal has no jurisdiction.
Outcome
The orders given were made without jurisdiction.
Orders
- Permanent injunction to restrain the landlord from demanding the impugned rent increment and threatening to evict the tenant.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
Cases cited (3)
- Republic vs The Chairperson, the business premises Rent Tribunal at Nairobi & another ex-parte Suraj Housing Properties and Co. Ltd (2016) eKLR
- Pritam vs Ratilal and Another (1972) EA 560
- Owners of Motor Vessel Lilian's vs Caltex Oil (Kenya) Ltd (1989) eKLR
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