Muongi v Lawrence & another (Tribunal Case E1148 of 2024) [2025] KEBPRT 28 (KLR) (15 January 2025) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 28
- Citation
- [2025] KEBPRT 28 (KLR)
- Decided
- 15 January 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureRespondent's jurisdictional challenge dismissedCoramHON. CYPRIAN MUGAMBI - CHAIRPERSON
Holding
The Tribunal lacks jurisdiction to hear the dispute as the lease agreement does not provide for termination within the first five years for reasons other than breach of covenant.
Facts
The case involves a lease agreement for a business premises between the landlord and two respondents. The lease is for a ten-year term, but does not include a termination clause other than for breach of covenant.
Issues
- Jurisdiction of the Tribunal to hear the dispute
- Nature of the tenancy agreement
Reasoning
The lease agreement is for a ten-year term and does not include a termination clause other than for breach of covenant. Section 2(1) of Cap 301 defines a controlled tenancy, which the agreement does not meet.
Outcome
The Complaint by the Tenant is hereby struck out with costs to the Respondents.
Orders
- The Complaint by the Tenant is hereby struck out with costs to the Respondents.
- This file is ordered closed.
Authorities cited
Legislation (1)
- Cap 301
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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