Mark Gerald Brierley & 2 others v Driftwood Beach Club Ltd [2007] KEHC 336 (KLR)
- Court
- High Court of Kenya
- Case number
- 336
- Citation
- [2007] KEHC 336 (KLR)
- Decided
- 20 June 2007
The preliminary objection fails and the plaintiffs' suit is allowed.
Facts
The plaintiffs purchased shares in a diving center and took over its operations. The defendant, the landlord, purported to alter the terms of the tenancy agreement without complying with the Landlord and Tenants (Shops, Hotels and Catering Establishments Act). The plaintiffs filed a suit claiming loss and damage and seeking an injunction.
Issues
- Whether the plaintiffs are tenants or licensees in respect of the suit premises.
- Whether the High Court has original jurisdiction to deal with landlord-tenant relationship.
Reasoning
The court dismissed the preliminary objection because the facts regarding the actual relationship between the parties have to be ascertained, and the disagreement as to the status of the plaintiffs and defendants with regard to the subject premises is necessary to ascertain the relationship between the parties.
Outcome
The plaintiffs' suit is allowed.
Authorities cited
Legislation (1)
- Landlord and Tenants (Shops, Hotels and Catering Establishments Act Cap 301) Laws of Kenya
Cases cited (6)
- MAWANLY – VS – CHATERS (1977) 3 ALL.ER 918
- TIWI BEACH HOTEL LTD & JULIANE ULRIKE STAMM & CALEDONIA SUPERMARKET LTD – VS – KENYA NATIONAL EXAMINATION COUNCIL (2000) 2 EA – 257
- MUKHISA BISCUIT – VS – WEST END DISTRIBUTORS LTD (1969) EA 69
- PARKLANDS PROPERTIES – VS – PATEL (1981) KLR Page 52
- SAHEB – VS – HASSANLY (1984) KLR 186
- Preliminary objection is in the nature of what used to be a demurrer.
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