[2025] KEBPRT 281 (KLR)

[2025] KEBPRT 281 (KLR)

The Tribunal found that it lacked jurisdiction to determine the dispute because the landlord-tenant relationship had ended, as admitted by the tenant in his affidavits and submissions. The Tribunal relied on established case law that its jurisdiction is contingent upon the existence of a controlled tenancy. Without such a relationship, the provisions of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act do not apply, and the Tribunal cannot adjudicate the matter. The Tribunal noted that while it would have had jurisdiction to consider the legality of the termination notice and the refund of goodwill while the tenancy subsisted, the tenant's constructive eviction and...

Citation
[2025] KEBPRT 281 (KLR)
Parties
Applicant: Brian Otieno Gondi; Respondent: Alex Mburu Macharia
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
25 April 2025
Case Number
Tribunal Case E1273 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection/jurisdiction
Outcome
reference and application struck out for want of jurisdiction; costs awarded to tenant
Judges
N Wahome, Joyce Murigi
Legal Topics
Controlled Tenancy, Jurisdiction of Tribunal, Goodwill Refund, Termination of Tenancy, Constructive Eviction
Source Language
English
Land and Property Civil Procedure Controlled Tenancy Jurisdiction of Tribunal Goodwill Refund Termination of Tenancy Constructive Eviction

Case Brief

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Parties

Brian Otieno Gondi

Applicant

Alex Mburu Macharia

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection/jurisdiction

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to determine the dispute after the landlord-tenant relationship has ended.
  2. 2 Whether the tenant is entitled to a refund of goodwill paid to the landlord.
  3. 3 Who should bear the costs of the proceedings.

Ratio Decidendi

The Tribunal found that it lacked jurisdiction to determine the dispute because the landlord-tenant relationship had ended, as admitted by the tenant in his affidavits and submissions. The Tribunal relied on established case law that its jurisdiction is contingent upon the existence of a controlled tenancy. Without such a relationship, the provisions of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act do not apply, and the Tribunal cannot adjudicate the matter. The Tribunal noted that while it would have had jurisdiction to consider the legality of the termination notice and the refund of goodwill while the tenancy subsisted, the tenant's constructive eviction and...

Court Disposition

reference and application struck out for want of jurisdiction; costs awarded to tenant

Orders

  • The reference and notice of motion application both dated November 18, 2024 are struck out for want of jurisdiction.
  • The tenant is awarded costs assessed at Kshs.50,000.