Raas Residence Limited v M Dalamr Trading Company Limited & another (Land Case Appeal E046 of 2023) [2024] KEELC 6082 (KLR) (23 September 2024) (Judgment)

Summary at a glance

Facts

The suit property (LR No. 36/VII/435) was registered in the name of the 2nd Respondent. The 2nd Respondent entered into a sale agreement with the Appellant, transferring the property to the Appellant. The 1st Respondent was evicted and filed a Reference before the Business Premises Rent Tribunal, which found the Tribunal lacked jurisdiction. The 2nd Respondent filed an application for interim orders and a valuation report.

Issues

• Whether the Chief Magistrate’s Court had the requisite jurisdiction to entertain and adjudicate the suit and counter-claim.
• Whether the suit was barred by the doctrine of res judicata.

Reasoning

The Court acknowledged the valuation report but held that the market value was not brought to court through pleadings. The Court also stated that it was not prepared to accept the market value and still needed to visit the locus in quo.

Outcome

Appeal successful

Orders

• Defendant [now 1st Respondent] be and is hereby struck out for want of jurisdiction.
• Entire proceedings and consequential orders be and are hereby declared a nullity.
• Orders of status quo vacated.
• Appellant be and is hereby awarded costs of the appeal.
• Each party shall bear own costs in the subordinate court.