[2021] KEBPRT 637 (KLR)
The Tribunal found that the lease agreement between the parties was in writing and for a period of six years, with no clause allowing termination within five years except for breach of covenant. According to the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, such a lease falls outside the...
Source-derived case information.
- Citation
- [2021] KEBPRT 637 (KLR)
- Parties
- Applicant: The Board of Trustees National Security Fund; Respondent: Calypso Enterprenuership Limited
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 1035 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Objection
- Outcome
- preliminary objection upheld; complaint dismissed for want of jurisdiction
- Legal Topics
- Business Premises Rent, Jurisdiction of Tribunal, Lease Agreements, Termination of Lease
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Board of Trustees National Security Fund
Applicant
Calypso Enterprenuership Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the Tribunal has jurisdiction to hear and determine a dispute arising from a lease exceeding five years.
- 2 Whether the preliminary objection on jurisdiction should be upheld.
Ratio Decidendi
The Tribunal found that the lease agreement between the parties was in writing and for a period of six years, with no clause allowing termination within five years except for breach of covenant. According to the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, such a lease falls outside the Tribunal's jurisdiction. Consequently, the Tribunal upheld the preliminary objection and dismissed the complaint for want of jurisdiction.
Court Disposition
preliminary objection upheld; complaint dismissed for want of jurisdiction
Orders
- The notice of preliminary objection dated 14th January 2021 is upheld with costs to the Tenant.
- The complaint dated 22nd December 2020 is dismissed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO 1035 OF 2020 (NAIROBI)
THE BOARD OF TRUSTEES
NATIONAL SECURITY FUND...................................LANDLORD/APPLICANT
VERSUS
CALYPSO ENTERPRENUERSHIP LIMITED...........TENANT/RESPONDENT
RULING
The Tenant/Respondent herein has filed a notice of preliminary objection dated 14th January 2021 in the following terms;
1. That the honourable Tribunal lacks the jurisdiction to hear and determine this matter.
When the matter came up on 11th February 2021, Mr Karanja appeared for the Landlord/Applicant and Mr Charles Madonso for the Tenant/Respondent. The parties agreed to argue the preliminary objection by way of written submissions. As at the time of writing this ruling only counsel for the Landlord had filed their submissions. Perhaps, I may as well point out that the Tenant/Respondent has not filed any pleadings in this matter. The basis for his preliminary objection remains unknown, factually and legally.
I have read the submissions of counsel for the Landlord. I have also read through the lease between the parties herein. I note that the lease is for a period of six years from 1st October 2015 to 30th September 2021. I have not seen any clause in the lease agreement which provides for termination otherwise than for breach of covenant, within five (5) years from the commencement thereof. The lease agreement being in writing and being for a period exceeding five years, this Tribunal has no jurisdiction to hear and determine this dispute.
The notice of preliminary objection dated 14th January 2021 is upheld with costs to the Tenant. The complaint dated 22nd December 2020 is dismissed.
CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
Court:
Ruling signed and delivered virtually by Hon Cyprian Mugambi Nguthari this 7thday ofApril, 2021 in the presence of Miss Karanja for the Landlord and in the absence of the counsel for the Tenant.
CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL