Nageye Mohamud Dahir v Recho Nabucha Wafula & another [2022] KEBPRT 125 (KLR)

Facts

The Tenant moved the Tribunal seeking intervention to break into the suit premises and be reinstated as tenants. The Landlord filed a replying affidavit stating that there was no Landlord-Tenant relationship and that the Landlady had refused to sign the lease agreement. The Landlord also leased the premises to one Lucy Karanja and another on 8th September 2021.

Issues

1. Was there a Tenant/Landlord relationship between the Landlord and the Tenant herein?
2. Was the Landlord's capacity to sign the lease agreement as stated in the lease agreement valid?

Reasoning

The evidence shows that a lease agreement was signed between Patrick Wekesa Wafula and Nageye Mohamud Dahir, but the Landlord's capacity to sign the lease agreement was questioned due to the lack of a power of attorney. The Landlord's application to set aside the orders obtained by the Tenant is granted.

Outcome

The Tenant's application and reference are dismissed with costs. The Landlord is ordered to take possession of the premises and hand them over to the new tenants.

Authorities cited