Lucy Wanjiku Kinyanjui v Wilson Nguyo [2022] KEBPRT 69 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 69
- Citation
- [2022] KEBPRT 69 (KLR)
- Decided
- 28 January 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from a decision dismissing the applicationCoramHON. CYPRIAN MUGAMBI NGUTHARI
Holding
The Tribunal lacks the requisite jurisdiction to hear the case as the parties' relationship is that of a licensee/licensor and governed by the licence agreement.
Facts
The parties signed a licence agreement on March 1, 2020, which was to be valid for two years. The tenant executed the agreement despite her misgivings.
Issues
- Whether the parties intended to create a Landlord and Tenant relationship or a Licencee-Licensor relationship.
- Jurisdiction of the Tribunal to hear the case.
Reasoning
The licence agreement expressly bars exclusive possession and limits the tenant's access to the premises for the licensor's designated purposes. The agreement also requires compliance with the licensor's rules and regulations. The court found that the agreement clearly indicates a licence rather than a tenancy.
Outcome
The application is dismissed with costs to the respondent.
Orders
- The application is dismissed with costs to the respondent.
Authorities cited
Cases cited (1)
- Nairobi HCC No. 3424 of 1982, BP Nairobi Service Station Ltd Vs BP Kenya Ltd
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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