Kaka Mohamed v Mohamed Ali [2018] KEELC 183 (KLR)
- Court
- Environment & Land Court
- Case number
- 183
- Citation
- [2018] KEELC 183 (KLR)
- Decided
- 11 December 2018
The court lacks jurisdiction to hear the matter as the tenancy is a controlled tenancy which should be handled by a tribunal established under the Land and Tenant (Shops, Hotels and Catering Establishments) Act (cap 301). The Plaintiff lacks capacity to bring the suit.
Facts
The Plaintiff, Kaka Mohamed, filed a suit against the Defendant, Mohamed Ali, alleging that the Defendant had taken up two more rooms and set up a garage on rental premises he owned. The Defendant was not paying rent and the Plaintiff wanted the Defendant evicted.
Issues
- Court's jurisdiction
- Plaintiff's capacity to bring the suit
Reasoning
The court ruled that the tenancy is a controlled tenancy and should be handled by a tribunal under the Land and Tenant Act, not the court. The Plaintiff's claim is dismissed due to lack of jurisdiction.
Outcome
The suit is struck out on jurisdictional grounds.
Orders
- The suit is struck out on jurisdictional grounds.
- The costs to be in the cause.
Authorities cited
Legislation (2)
- Land and Tenant (Shops, Hotels and Catering Establishments) Act (cap 301)
- Evidence Act (cap 80)
Cases cited (2)
- ANISMINIC LTD Vs FOREIGN COMPENSATION COMMISSION & Another: [1969] I ALL ER 208
- Halsbury, Laws of England, 3rd Edition, Vol. 15
Loading judgment…