[2001] KEHC 375 (KLR)
The court held that it is not necessary for a party to have title to a property in order to create a lease. The relationship of landlord and tenant can be established even if the landlord lacks title, and the tenant is estopped from disputing the landlord's title if the landlord has let the tenant into possession....
Source-derived case information.
- Citation
- [2001] KEHC 375 (KLR)
- Parties
- Plaintiff: Avtar Singh Bahra; Plaintiff: Amarjit Kaur Bahra; Defendant: Raju Govindji Ganatra t/a Sweetbite Manufacturers
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 545 of 1998
- Procedural Posture
- Civil Suit / Ruling on Preliminary Objection
- Outcome
- preliminary objection overruled with costs
- Judges
- T Mbaluto
- Legal Topics
- Lease Creation, Landlord Tenant Estoppel, Title Requirement for Leases
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Avtar Singh Bahra
Plaintiff
Amarjit Kaur Bahra
Plaintiff
Raju Govindji Ganatra t/a Sweetbite Manufacturers
Defendant
Procedural Posture
Civil Suit / Ruling on Preliminary Objection
Legal Issues
- 1 Whether a claim for breach of lease can be prosecuted by parties who are not the registered absolute owner of the property.
- 2 Whether title to property is necessary to create a valid lease.
Ratio Decidendi
The court held that it is not necessary for a party to have title to a property in order to create a lease. The relationship of landlord and tenant can be established even if the landlord lacks title, and the tenant is estopped from disputing the landlord's title if the landlord has let the tenant into possession. Therefore, the preliminary objection that only the registered absolute owner can prosecute a claim for breach of lease fails. The doctrine of estoppel between landlord and tenant applies, and the plaintiffs are entitled to prosecute the claim for breach of lease regardless of their title status.
Court Disposition
preliminary objection overruled with costs
Orders
- The preliminary objection is overruled with costs.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
(Milimani Law Courts)
CIV SUIT 545 OF 98
AVTAR SINGH BAHRA
AMARJIT KAUR BAHRA …..…………………..……….. PLAINTIFFS
VERSUS
RAJU GOVINDJI GANATRA
T/A SWEETBITE MANUFACTURERS …………......….…. DEFENDANT
RULING
This ruling arises from a preliminary point raised by Mr. Rommel Da Gama Rose advocate for the defendant. His point was:- “Is there an actionable claim for breaches of lease dated the 15 th September, 1995 in relation to Land Reference Number 209/9831 when the claim is prosecuted by Third parties and not by the registered absolute owner of the property.”
In my view, the answer to the question Mr. Rommel Da Gama Rose raises is simple. As submitted by Mr. Goswani for the defendant, a party does not need to have title to a property for him to create a lease. The authority for that is to be found in Halsburys Laws of England, 3rd Ed. Vol. 15 para 455 and 456 where it is stated:- “The relationship of landlord and tenant may be brought into being even though the landlord has no title to the land of which he has purported to create a tenancy. If a landlord, who has no title to do so, grants a lease under seal, the tenant, being a party to the deed, is estopped from disputing his lessor’s title. The doctrine of estoppel between the landlord and tenant is not, however, confined to leases by deed.
Generally, a tenant is estopped from disputing the title at the time of the demise of the landlord by whom he has been let into possession; …… The doctrine of estoppel which operates between landlord and tenant applies to tenancies from year to year, at will, or on sufferance, as well as to leases for years.” For the above reasons, the preliminary objection is overruled with costs.
Dated at Nairobi this 3rd day of August, 2001.
T. MBALUTO
JUDGE