Padia v Kanyi (Environment & Land Case E007 of 2022) [2023] KEELC 15990 (KLR) (9 March 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 15990
- Citation
- [2023] KEELC 15990 (KLR)
- Decided
- 9 March 2023
Summary at a glance
TypeLandlord-Tenant DisputePostureAppeal from a judgment dismissing the defendant's preliminary objectionCoramJ O Olola
The Environment and Land Court has jurisdiction to determine the dispute. The defendant's preliminary objection is dismissed.
Facts
Rajendra Nanoo Padia (plaintiff) claimed vacant possession of the premises demised to Phyllis Wanjiku Kanyi (defendant) due to non-payment of rent after the lease expired on April 30, 2022. The defendant argued that the dispute should be heard by the Business Premises Rent Tribunal.
Issues
- Jurisdiction of the Environment and Land Court
- Validity of the tenancy agreement
Reasoning
The tenancy agreement expired on April 30, 2022, and there was no written agreement or provision for termination within five years. The defendant's payments were not accepted by the tenant, and the defendant did not swear an affidavit.
Outcome
The defendant's preliminary objection is dismissed with costs to the plaintiff.
Authorities cited
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