[2022] KEBPRT 906 (KLR)
The tribunal found that it lacked jurisdiction to entertain the reference because the landlord-tenant relationship between the parties had already ceased. The applicant's own admission confirmed that the relationship no longer existed, and therefore, the tribunal could not grant the remedies sought. Any claims for...
Source-derived case information.
- Citation
- [2022] KEBPRT 906 (KLR)
- Parties
- Applicant: Fla Fashion Trading Company Limited; Respondent: Immaculate Kandie; Respondent: Grace Wanjiru
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 097 of 2020
- Procedural Posture
- Tribunal Reference / Ruling on Jurisdiction and Dismissal
- Outcome
- Reference and application dismissed for want of jurisdiction.
- Judges
- A Muma
- Legal Topics
- Landlord Tenant Relationship, Jurisdiction of Tribunal, Illegal Termination of Lease
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fla Fashion Trading Company Limited
Applicant
Immaculate Kandie
Respondent
Grace Wanjiru
Respondent
Procedural Posture
Tribunal Reference / Ruling on Jurisdiction and Dismissal
Legal Issues
- 1 Whether the tribunal has jurisdiction to hear the dispute after the termination of the landlord-tenant relationship.
- 2 Whether the applicant is entitled to remedies from the tribunal following alleged illegal termination and lockout.
Ratio Decidendi
The tribunal found that it lacked jurisdiction to entertain the reference because the landlord-tenant relationship between the parties had already ceased. The applicant's own admission confirmed that the relationship no longer existed, and therefore, the tribunal could not grant the remedies sought. Any claims for damages or other reliefs arising from the alleged illegal termination must be pursued in a different forum with the appropriate jurisdiction. As a result, both the reference and the application were dismissed, with no orders as to costs.
Court Disposition
Reference and application dismissed for want of jurisdiction.
Orders
- Both the reference and application are dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
Fla Fashion Trading Company Limited v Kandie & another (Tribunal Case 097 of 2020) [2022] KEBPRT 906 (KLR) (22 December 2022) (Ruling)
Neutral citation: [2022] KEBPRT 906 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Tribunal Case 097 of 2020
Andrew Muma, Vice Chair
December 22, 2022
Between
Fla Fashion Trading Company Limited
Applicant
and
Immaculate Kandie
1st Respondent
Grace Wanjiru
2nd Respondent
Ruling
A. Parties and Their Representative 1. The Tenant/Applicant is a tenant of the 1st Respondent in a premises located in Eldoret (hereinafter referred to as the “Tenant”)
2. The Landlord/1st Respondent, rented the premises to the Tenant through its agent, the 2nd Respondent. (hereinafter referred to as the “Landlord”)
3. Learned Counsel Isaya & Company Advocates represent the Tenant. (sikukujay@gmail.com)
4. Learned Counsel JM Kimani & Company Advocates represent the Landlord and 2nd Respondent.
B. OrderI have perused the reference dated 31st of August 2022 and it states as follows ‘the landlord has illegally terminated our lease and has locked us out of the premises which seems to have been rented out to persons who was in our employment when the lease was made.By the tenants own admission this Tribunal lacks jurisdiction and they can seek damages in another forum as there is no landlord tenant relationship anymore. Both the Reference and application are dismissed with no orders as to costs.
HON A. MUMAVICE CHAIRBUSINESS PREMISES RENT TRIBUNALRuling dated, signed and delivered virtually by Hon A. Muma this 22nd Day of December 2022 in the presence of Isayi for the Tenant and Kinyanjui holding brief for Muhoro for the Landlord.HON A. MUMAVICE CHAIRBUSINESS PREMISES RENT TRIBUNAL