Albert Kariuki Mundia v John Kiboi Wambugu [2019] KEHC 1706 (KLR)
- Court
- High Court of Kenya
- Case number
- 1706
- Citation
- [2019] KEHC 1706 (KLR)
- Decided
- 29 November 2019
The proceedings in the magistrates' court together with the purported decision amounted to nothing more than a nullity. The respondent's suit in the magistrates' court is struck out.
Facts
The appellant was the respondent's tenant for 18 years in rental premises. The respondent sued the appellant for rent arrears and repair costs. The learned magistrate found for the respondent and upheld his claim for repair costs but dismissed the claim for rent arrears and expenses.
Issues
- Jurisdiction of the magistrates' court
- Claim for repair costs
- Claim for rent arrears and expenses
Reasoning
The court held that the magistrates' court lacked jurisdiction to entertain the dispute, as the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act expressly provides that disputes arising out of controlled tenancies fall within the jurisdiction of a tribunal established for that purpose.
Outcome
The appeal is allowed, and the respondent's suit in the magistrates' court is struck out.
Orders
- The respondent's suit in the magistrates' court is struck out.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act cap 301 Laws of Kenya
Cases cited (1)
- Methodist Church Kenya Trustees & Another versus Rev. Jeremiah Muku & Another (2012) eKLR
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