Njeri v Ngunjiri & 3 others (Tribunal Case E179 of 2022) [2022] KEBPRT 196 (KLR) (Civ) (15 July 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 196
- Citation
- [2022] KEBPRT 196 (KLR)
- Decided
- 15 July 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureTenant seeks restraining orders against landlord for quiet occupation and lawful enjoyment of premisesCoramGAKUHI CHEGE, VICE CHAIR
Holding
Proceedings are struck out for want of jurisdiction
Facts
Tenant took the premises at a monthly rent of Kshs.10,000/- and vacated in April 2022, leaving rent arrears. Landlord claimed the tenant had leased two residential units.
Issues
- Tenant's claim for restraining orders
- Jurisdiction of the Tribunal
Reasoning
Suit premises are residential and not business premises, failing the controlled tenancy test. Tenant vacated the premises, losing landlord-tenant relationship. Landlord's claim for rent arrears should be pursued in ordinary courts.
Outcome
Proceedings struck out
Orders
- Proceedings struck out with costs to respondents
- Respondents' costs assessed at Kshs.20,000/- against the tenant
Authorities cited
Legislation (1)
- Cap. 301 Laws of Kenya
Cases cited (1)
- Pritam -vs- Ratilal And Another (1977) E.A 560
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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