Yusuf Mohammed Ali Jiwa t/a Ajiwa Properties & another v Florence Wangari Mwangi & 2 others [2017] KEELC 2832 (KLR)

Facts

The plaintiffs offered to lease the defendants the premises measuring 600 square feet on the ground floor of Yunis building for a period of 5 years and 6 months from 1/12/2016 to 31/5/2022. The defendants were to pay a deposit of Kshs.270,000.00 and the first quarter rent of Kshs.270,000.00, and deposit legal fees of Kshs.45,132.00. The defendants issued a bankers cheque of Kshs.270,000.00 which was returned for lack of sufficient funds. The defendants were informed that the offer had lapsed by a letter dated 25/11/2016.

Issues

1. Whether the intended lease between the plaintiffs and the defendants gave rise to a landlord/tenant relationship.
2. Whether the tenancy herein is a controlled tenancy hence falling within the Landlord and Tenant (Shops, Hotels And Catering Establishments) Act Cap 301.

Reasoning

The defendants did not replace the cheque for Kshs.270,000.00, which was returned for lack of sufficient funds. The defendants were informed that the offer had lapsed by a letter dated 25/11/2016, and the tenancy did not come to effect.

Outcome

The application was dismissed with costs.

Authorities cited