Mac Dee Fast Foods Limited v Shah (Tribunal Case E794 of 2024) [2024] KEBPRT 1634 (KLR) (31 October 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1634
- Citation
- [2024] KEBPRT 1634 (KLR)
- Decided
- 31 October 2024
The Tribunal has no jurisdiction to hear the dispute due to the expiration of the lease, and both the complaint and application are dismissed with costs to the landlord.
Facts
The tenant, Mac Dee Fast Foods Limited, filed a complaint and application against the landlord, Shantaben Mansukhlal Shah, alleging that the landlord issued an oral notice to vacate the premises and was planning to install another tenant without due process. The lease agreement was for six years, expiring on 31.7.2024.
Issues
- Tribunal's jurisdiction
- Controlled tenancy under Cap 301
Reasoning
The lease was for six years, expiring on 31.7.2024, and thus the Tribunal lacked jurisdiction to hear the dispute. The lease did not contain a provision for termination other than for breach of covenant within five years from the commencement thereof.
Outcome
Both the complaint and application are dismissed with costs to the landlord.
Orders
- Both the complaint and application are dismissed with costs to the landlord.
- The le is ordered closed.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301 of the Laws of Kenya
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