Republic v Chairman, Business Premises Rent Tribunal; Mohamed Sheikh Yusuf (Interested Party) ; Exparte Daniel Wanjohi Kabithe & another [2018] KEELC 579 (KLR)

Facts

The ex-parte applicants are proprietors of land in Karen, Nairobi, and the interested party is their tenant who runs a school on the premises. The interested party defaulted on rent payments and the ex-parte applicants levied distress. The interested party filed a BPRT case against the ex-parte applicants, seeking to stop the distress and re-open the school. The ex-parte applicants objected to the Tribunal's jurisdiction, arguing that the tenancy was not a controlled tenancy.

Issues

1. Whether the Tribunal had jurisdiction over the case
2. Whether the definition of 'shop' in the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act covers schools

Reasoning

The court found that the definition of 'shop' in the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act is broad enough to include schools, thus the Tribunal had jurisdiction.

Outcome

The ex-parte applicants' application for leave to bring a motion for judicial review was dismissed.

Authorities cited