[2019] KEBPRT 4 (KLR)
The Tribunal was unable to conclusively determine the applicant's status as tenant due to lack of clarity in the pleadings regarding physical occupation and absence of a copy of the reference or complaint under section 12(4) of Cap 301. The Tribunal therefore ordered an inspection of the premises to confirm...
Source-derived case information.
- Citation
- [2019] KEBPRT 4 (KLR)
- Parties
- Applicant: Felister Waceke Mwaura; Respondent: Jackline Muthoni Kangethe
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 22 of 2018
- Procedural Posture
- Miscellaneous Application / Interlocutory Judgment
- Outcome
- Further directions issued; matter not finally determined.
- Legal Topics
- Business Premises Rent, Tenancy Disputes, Physical Occupation, Reference Under Cap 301
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felister Waceke Mwaura
Applicant
Jackline Muthoni Kangethe
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Judgment
Legal Issues
- 1 Whether the tenant is in physical occupation of the suit premises.
- 2 Whether a valid reference or complaint has been filed by the tenant under section 12(4) of Cap 301.
Ratio Decidendi
The Tribunal was unable to conclusively determine the applicant's status as tenant due to lack of clarity in the pleadings regarding physical occupation and absence of a copy of the reference or complaint under section 12(4) of Cap 301. The Tribunal therefore ordered an inspection of the premises to confirm occupation and directed the applicant's advocates to furnish the required reference. The Tribunal's jurisdiction and further proceedings are contingent upon these clarifications.
Court Disposition
Further directions issued; matter not finally determined.
Orders
- The Rent Inspector of the Tribunal shall inspect the premises and confirm whether the Tenant is in physical occupation of the suit premises.
- The advocates for the Tenant shall furnish the Tribunal with a copy of the reference filed under section 12(4) of Cap 301.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO. 22 OF 2018 (THIKA)
FELISTER WACEKE MWAURA…………………..….TENANT/APPLICANT
VERSUS
JACKLINE MUTHONI KANGETHE…….........LANDLORD/RESPONDENT
JUDGEMENT
The Tribunal has perused the pleadings in this matter and the written submissions of the advocates of the parties and makes the following findings;
1. It is not clear from the pleadings whether the Tenant is in physical occupation of the suit premises.
2. The Tribunal does not have a copy of the reference and/or complaint filed by the Tenant under section 12 (4) of Cap 301.
Orders:
1. The Rent Inspector of the Tribunal shall inspect the premises and confirm whether the Tenant is in physical occupation of the suit premises.
2. The advocates for the Tenant shall furnish the Tribunal with a copy of the reference filed under section 12(4) of Cap 301.
3. The inspection shall be done within 30 days and the parties shall share the costs of the inspection.
Rulingdelivered this5th day of July 2019 in the presence of Miss Wanjiku holding brief for Anyoka for the Tenant. Landlord’s advocate absent.
MBICHI MBOROKI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL