ABDILLAHI SHAIYA AHMED T/A CHANIA BUTCHERY & ANOTHER v J.F.C. MUNENE & ANOTHER [2007] KEHC 3067 (KLR)

Facts

The first Defendant is the registered or beneficial owner of the suit property, and the Plaintiffs and another are tenants in the said premises for over 30 years. The second Defendant purported to give a statutory notice to the first Defendant to carry out repairs, and subsequently, the first Defendant purported to issue a statutory notice to the Plaintiffs to vacate the premises.

Issues

1. Whether the court has jurisdiction to hear the application for an injunction between a landlord and tenant.
2. Whether the Business Premises Tribunal has jurisdiction to grant an injunction in a landlord and tenant dispute.

Reasoning

The court applies the reasoning from the Court of Appeal in Narshidas & Company Ltd v Nyali Air Conditioning and Refrigeration Services Ltd, stating that the superior court's jurisdiction is not ousted in matters of injunctions related to landlord and tenant disputes.

Outcome

The Preliminary Objection is dismissed with costs to the Plaintiff applicant.

Authorities cited