[2023] KEHC 23194 (KLR)
The court found that the application for referral to arbitration and interim measures was overtaken by events because the applicant was no longer a tenant in the premises, the lease had expired, and the respondent had already taken steps to recover rent arrears. As such, there was no live dispute capable of being...
Source-derived case information.
- Citation
- [2023] KEHC 23194 (KLR)
- Parties
- Applicant: East Africa Limited; Respondent: Kyanzavi Farmers Co Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit E213 of 2021
- Procedural Posture
- Civil Suit / Ruling on Application for Referral to Arbitration and Interim Measures
- Outcome
- application dismissed
- Judges
- FG Mugambi
- Legal Topics
- Arbitration Referral, Interim Measures, Landlord Tenant Disputes, Lease Renewal, Rent Arrears
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
East Africa Limited
Applicant
Kyanzavi Farmers Co Ltd
Respondent
Procedural Posture
Civil Suit / Ruling on Application for Referral to Arbitration and Interim Measures
Legal Issues
- 1 Whether the dispute should be referred to arbitration as per section 7(1) of the Arbitration Act.
- 2 Whether interim measures of protection should be granted pending referral to arbitration.
- 3 Whether the application is overtaken by events due to the applicant no longer being a tenant.
Ratio Decidendi
The court found that the application for referral to arbitration and interim measures was overtaken by events because the applicant was no longer a tenant in the premises, the lease had expired, and the respondent had already taken steps to recover rent arrears. As such, there was no live dispute capable of being referred to arbitration or requiring interim protection. The court emphasized that it would be futile to grant orders where the underlying relationship had ceased to exist, and dismissed the application accordingly.
Court Disposition
application dismissed
Orders
- The application dated April 12, 2021 is dismissed.
- The respondent is awarded costs of the application.
Full Case Text
Judgment text and source record
20 paragraphs
East Africa Limited v Kyanzavi Farmers Co Ltd (Civil Suit E213 of 2021) [2023] KEHC 23194 (KLR) (Commercial and Tax) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23194 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Commercial and Tax
Civil Suit E213 of 2021
FG Mugambi, J
October 6, 2023
Between
East Africa Limited
Applicant
and
Kyanzavi Farmers Co Ltd
Respondent
Ruling
1. Before the court is the application dated April 12, 2021, brought under section 7(1) of the Arbitration Act No 4 of 1995 and Order 40 rules 1,2 and 4 of the Civil Procedure Rules. The application seeks the referral of the dispute between the parties to arbitration and for interim measures of protection pending the referral of the dispute to arbitration and eventual hearing and determination of the dispute between the plaintiff and the defendant.
2. The parties herein have been in a landlord/tenant relationship at the property known as Agriculture House situate in Land Reference No 209/4285 in Nairobi City, which premises is owned by the defendant. The lease expired and it would also appear that there was a dispute over rent arrears and the renewal of the lease.
3. I have taken note of the submissions filed by the respondent in this matter, dated February 17, 2022. The respondent states that it did instruct a firm of Advocates to pursue rent arrears and auctioneers to levy distress on the applicant. Further, the respondent states that the applicant is no longer a tenant in the said premises. The submissions are uncontroverted by the applicant who I note, filed Further Submissions dated May 12, 2023.
4. It would be distasteful for this Court to make orders in vain. As such, and considering the decision of the Court inB v Attorney General, [2004] 1KLR 431, I find that the application dated April 12, 2021 is overtaken by events. It is dismissed. Since the respondents had to defend the application, they are entitled to costs.
DATED, SIGNED AND DELIVERED IN NAIROBITHIS 6TH DAY OF OCTOBER 2023F. MUGAMBIJUDGE