[2022] KEBPRT 208 (KLR)
The tribunal found that the applicant had vacated the demised premises and a new tenant had taken possession, as evidenced by affidavits and a letter of offer. Consequently, the landlord/tenant relationship between the parties had ceased. Since the tribunal's jurisdiction is predicated on the existence of such a...
Source-derived case information.
- Citation
- [2022] KEBPRT 208 (KLR)
- Parties
- Applicant: Annie Wanjiku Kibeh t/a Aniq Elegance Fashion Trends; Respondent: Juja City Mall Limited; Respondent: Auckland Agencies Auctioneers
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E640 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Withdrawal After Loss of Jurisdiction
- Outcome
- reference and application withdrawn; no order as to costs
- Judges
- Gakuhi Chege
- Legal Topics
- Landlord Tenant Relationship, Vacant Possession, Jurisdiction of Tribunal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Annie Wanjiku Kibeh t/a Aniq Elegance Fashion Trends
Applicant
Juja City Mall Limited
Respondent
Auckland Agencies Auctioneers
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Withdrawal After Loss of Jurisdiction
Legal Issues
- 1 Whether the landlord/tenant relationship between the parties still subsists.
- 2 Whether the tribunal retains jurisdiction after the tenant has vacated the premises.
Ratio Decidendi
The tribunal found that the applicant had vacated the demised premises and a new tenant had taken possession, as evidenced by affidavits and a letter of offer. Consequently, the landlord/tenant relationship between the parties had ceased. Since the tribunal's jurisdiction is predicated on the existence of such a relationship, it no longer had authority to entertain further proceedings. The reference and application were therefore marked as withdrawn, with no order as to costs.
Court Disposition
reference and application withdrawn; no order as to costs
Orders
- The reference and application dated November 1, 2021 are marked as withdrawn.
- There is no order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
Annie Wanjiku Kibeh t/a Aniq Elegance Fashion Trends v Juja City Mall Limited & another (Tribunal Case E640 of 2021) [2022] KEBPRT 208 (KLR) (Civ) (20 April 2022) (Ruling)
Neutral citation: [2022] KEBPRT 208 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Civil
Tribunal Case E640 of 2021
Gakuhi Chege, Vice Chair
April 20, 2022
Between
Hon. Annie Wanjiku Kibeh t/a Aniq Elegance Fashion Trends
Tenant
and
Juja City Mall Limited
Landlord
and
Auckland Agencies Auctioneers
Respondent
Ruling
1. On January 18, 2022, this Tribunal directed the landlord’s counsel to file evidence of vacant possession in respect of the suit premises and ensure that the replying affidavit of the landlord was on record.
2. In compliance with the said directions, the landlord’s counsel availed the replying affidavit sworn on December 7, 2021 by James Kiniiya Gachiri, the Managing Director of the 1st respondent. She also filed her sworn further affidavit of January 28, 2022 confirming that indeed the tenant had already vacated the demised premises and a new tenant had taken possession thereof.
3. Among the documents attached to the further affidavit and marked ‘PWN-1’ is a copy of letter of offer dated January 7, 2022 which was duly executed by the new tenant on January 18, 2022.
4. In the premises, it is clear that the landlord/tenant relationship herein has ceased and this Tribunal no longer has jurisdiction to entertain further proceedings herein.
5. As such the reference and application dated November 1, 2021 are hereby marked as withdrawn with no order as to costs.It is so ordered.
RULING DATED, SIGNED AND DELIVERED THIS 20TH DAY OF APRIL 2022. HON. GAKUHI CHEGEVICE CHAIRBUSINESS PREMISES RENT TRIBUNALIn the presence of:Miss Wanjiku holding brief Gachie for the RespondentsMwangi for the Tenant.