Njoroge & 10 others v General of the Salvation Army (Registered Trustees) & 2 others (Tribunal Case E964 of 2024) [2025] KEBPRT 401 (KLR) (12 September 2025) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 401
- Citation
- [2025] KEBPRT 401 (KLR)
- Decided
- 12 September 2025
The Tribunal held that the Applicants did not automatically become tenants of the 1st Respondent upon the expiration of the head lease and that the 1st Respondent is the direct landlord of the Applicants.
Facts
The Applicants are tenants of business premises, and the Respondents are the registered owner and a rent collection agent. The Applicants claim they became tenants of the 1st Respondent after the head lease expired.
Issues
- Whether the Applicants automatically became tenants of the 1st Respondent upon the expiration of the head lease
- Whether the 1st Respondent is the direct landlord of the Applicants
Reasoning
The Tribunal relied on section 5 of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301, which states that subtenants do not automatically become tenants of the reversioner upon the expiration of a head lease. The Tribunal also cited other legal authorities to support its decision.
Outcome
The Tribunal dismissed the application and ordered the rent deposit to be released to the 1st Respondent.
Orders
- The Tribunal dismissed the application
- The rent deposit is released to the 1st Respondent
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301
Cases cited (3)
- Republic v Chairman, BPRT ex parte Justus Nyang’aya
- Mistry Amar Singh v Serwano Kulubya
- Samuel Musau & 33 others v Andrew Makau & 10 others
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