Sagaram v Abenyo (Tribunal Case E020 of 2024) [2024] KEBPRT 672 (KLR) (Civ) (24 May 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 672
- Citation
- [2024] KEBPRT 672 (KLR)
- Decided
- 24 May 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePreliminary ObjectionPostureNotice of Preliminary Objection Struck OutCoramHON. JOYCE AKINYI OSODO, HON GAKUHI CHEGE
Holding
The Tribunal lacks jurisdiction to hear and determine the matter as there is no landlord/tenant relationship between the parties
Facts
The tenant and landlord entered into an agreement dated 1st September, 2023 regarding the rental of the suit premises. The tenant claims he paid bills amounting to KES. 122,906, which he argues was rent, but the landlord denies receiving any rent.
Issues
- Whether there exists a landlord/tenant relationship between the parties
- Whether the parties entered into a tenancy agreement
Reasoning
The agreement is not a tenancy agreement and the tenant has not shown evidence of rent payment. The Tribunal's jurisdiction is based on controlled tenancy, which is not applicable in this case.
Outcome
The Notice of Preliminary Objection is upheld, and the application and reference are struck out for want of jurisdiction.
Orders
- Notice of Preliminary Objection Upheld
- Application and Reference Struck Out
- Costs Awarded to Respondent
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishment) Act Cap 301 Laws of Kenya
Cases cited (1)
- Mukisa Biscuits Manufacturing Ltd v West End Distributors (1969) EA 696
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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