Sarah N Sakwa v Elizabeth Wamwanyi t/a Namukhosi Ltd & another [2019] KEELC 2085 (KLR)
- Court
- Environment & Land Court
- Case number
- 2085
- Citation
- [2019] KEELC 2085 (KLR)
The court allows the appeal and sets aside the orders of the Tribunal, dismissing the Plaintiff's suit with costs.
Facts
The Appellant filed a suit at the Rent Restriction Tribunal seeking to restrain the Respondents from evicting her from the suit premises. The Tribunal granted the Appellant 30 days to look for alternative accommodation and deliver vacant possession subject to payment of rent up to then.
Issues
- Jurisdiction of the Rent Restriction Tribunal
- Weight of the evidence
Reasoning
The court found that the Tribunal did not have jurisdiction to entertain the claim as the rent for the suit premises was agreed and beyond the jurisdictional limit of the Tribunal. The court also held that the amount of rent and the fact that the same was agreed removed the subject premises from the definition of standard rent prescribed by the Act and therefore from the jurisdiction of the Tribunal.
Outcome
Appeal allowed, suit dismissed with costs
Orders
- Order dismissing the Plaintiff's suit with costs
Authorities cited
Legislation (1)
- Rent Restriction Act (Cap 296) Laws of Kenya
Cases cited (4)
- Ignatius Makau Mutisya –v- Reuben Musyoki Muli (2015)eKLR
- Electoral and Boundaries Commission & Another –v- Stephen Mutinda Mule & 3 Others (2014)eKLR
- Rent Restriction Tribunal –v– Rawal Ex Parte Mayfair Bakeries Limited (1985) KLR 167
- Republic –v– Chairman Rent Restriction Tribunal & Another Ex-Parte Ezekiel Machogu & 3 Others (2015)eKLR
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