[2025] KEBPRT 310 (KLR)

[2025] KEBPRT 310 (KLR)

The Tribunal found that the Applicant failed to establish the existence of a valid tenancy relationship with either the Landlord or the Respondents. The only recognized tenant under the lease was the 2nd Respondent, and the lease expressly prohibited subletting without the Landlord's consent, which was neither sought nor obtained. The Applicant's evidence of rent payment was insufficient, as the beneficiary of the payment was not a party to the proceedings and no nexus was established. In the absence of a landlord-tenant relationship, the Tribunal lacked jurisdiction to entertain the reference or grant the reliefs sought. Consequently, the Tribunal dismissed the Applicant's reference and...

Citation
[2025] KEBPRT 310 (KLR)
Parties
Applicant: Amara BB Limited; Respondent: Laser Properties Services; Respondent: Nadco Solutions Limited; Respondent: Local Authorities Pension Trust Registered Trustees
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
13 June 2025
Case Number
Tribunal Case E199 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection and Applications for Injunction and Joinder
Outcome
Application and reference dismissed for want of jurisdiction; interlocutory orders discharged; costs to the Applicant.
Judges
CN Mugambi
Legal Topics
Jurisdiction of Tribunal, Landlord Tenant Relationship, Controlled Tenancy, Subletting Without Consent, Eviction Proceedings
Source Language
English
Land and Property Civil Procedure Jurisdiction of Tribunal Landlord Tenant Relationship Controlled Tenancy Subletting Without Consent Eviction Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Amara BB Limited

Applicant

Laser Properties Services

Respondent

Nadco Solutions Limited

Respondent

Local Authorities Pension Trust Registered Trustees

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection and Applications for Injunction and Joinder

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to entertain the reference in the absence of a landlord-tenant relationship between the Applicant and the Landlord or Respondents.
  2. 2 Whether the Applicant is entitled to injunctive reliefs restraining eviction or interference with occupation of the premises.
  3. 3 Whether the Landlord is entitled to have the Tribunal's previous orders set aside and to recover rent arrears.

Ratio Decidendi

The Tribunal found that the Applicant failed to establish the existence of a valid tenancy relationship with either the Landlord or the Respondents. The only recognized tenant under the lease was the 2nd Respondent, and the lease expressly prohibited subletting without the Landlord's consent, which was neither sought nor obtained. The Applicant's evidence of rent payment was insufficient, as the beneficiary of the payment was not a party to the proceedings and no nexus was established. In the absence of a landlord-tenant relationship, the Tribunal lacked jurisdiction to entertain the reference or grant the reliefs sought. Consequently, the Tribunal dismissed the Applicant's reference and...

Court Disposition

Application and reference dismissed for want of jurisdiction; interlocutory orders discharged; costs to the Applicant.

Orders

  • The Reference by the Applicant and the Application filed therewith are dismissed for want of jurisdiction.
  • Any interlocutory orders issued hereinbefore are discharged.