Njoki v Zubedi & another (Tribunal Case 244 of 2019) [2023] KEBPRT 1208 (KLR) (13 October 2023) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 1208
- Citation
- [2023] KEBPRT 1208 (KLR)
- Decided
- 13 October 2023
The Business Premises Rent Tribunal has no jurisdiction to determine the issue of forcible eviction of the applicant and to grant the reliefs sought by the applicant.
Facts
The applicant, Susan Njoki, alleges that the respondents, Anna Nyambura Wainaina and Sheikha Abed Awadh Zubedi, illegally evicted her from her shop. The applicant claims the respondents removed her stock and replaced her with new tenants, and seeks to be reinstated in her shop or compensation for the removed stock.
Issues
- Jurisdiction of the Business Premises Rent Tribunal
- Forcible eviction of the applicant
Reasoning
The court cited several cases to establish that the tribunal's jurisdiction is limited to recovery of possession by the landlord, not by the tenant. The court found that the complaint of forcible possession is for the courts, not the tribunal.
Outcome
The applicant's complaint is struck out for want of jurisdiction. Each party shall meet their own costs of the case. The file is ordered closed.
Orders
- The Applicant's complaint is hereby struck out for want of jurisdiction.
- Each party shall meet own costs of the case.
- This file is ordered closed.
Authorities cited
Cases cited (7)
- Phoenix of E.A. Assurance Company Ltd. v S.M. Thiga t/a Newspaper Service [2019] eKLR
- Kenya Ports Authority v Modern Holdings (E.A.) Limited [2017] eKLR
- Adero & another v Ulinzi Sacco Society Ltd [2002] IKLR 577
- Re Hebtulla Properties Ltd [1979] eKLR
- Charles Mwangi Kamau v Mohamed Hassan Sheikh Noor [2005] eKLR
- Rajabali Kassam t/a Giraffe Snack Bar v Total Kenya Ltd [2003] eKLR
- Re Hebtulla Properties Ltd [1979] KLR
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