[2025] KEBPRT 225 (KLR)
The Tribunal held that it has jurisdiction to grant interlocutory relief only where a formal complaint has been filed in accordance with Section 12(4) of Cap 301, using the prescribed FORM C. In this case, the Tenant/Applicant failed to file such a complaint, rendering its application for interim orders incompetent....
Source-derived case information.
- Citation
- [2025] KEBPRT 225 (KLR)
- Parties
- Applicant: KMQ Timber & Allied Industries Limited; Respondent: Hiren Kabaria
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E198 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- Application struck out as incompetent.
- Judges
- CN Mugambi
- Legal Topics
- Controlled Tenancy, Jurisdiction of Tribunal, Striking Out Incompetent Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
KMQ Timber & Allied Industries Limited
Applicant
Hiren Kabaria
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the Tribunal can grant interlocutory relief where no formal complaint has been filed under Section 12(4) of Cap 301.
- 2 Whether the Tenant's application is competent in the absence of a proper complaint.
Ratio Decidendi
The Tribunal held that it has jurisdiction to grant interlocutory relief only where a formal complaint has been filed in accordance with Section 12(4) of Cap 301, using the prescribed FORM C. In this case, the Tenant/Applicant failed to file such a complaint, rendering its application for interim orders incompetent. As there was no valid suit or reference before the Tribunal, the application could not be entertained and was accordingly struck out.
Court Disposition
Application struck out as incompetent.
Orders
- The Tenant's application is struck out.
- No orders as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
KMQ Timber & Allied Industries Limited v Kabaria (Tribunal Case E198 of 2025) [2025] KEBPRT 225 (KLR) (23 April 2025) (Ruling)
Neutral citation: [2025] KEBPRT 225 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Tribunal Case E198 of 2025
CN Mugambi, Chair
April 23, 2025
Between
KMQ Timber & Allied Industries Limited
Tenant
and
Hiren Kabaria
Landlord
Ruling
1. The Tenant’s Application seeks an order that the Respondent be restrained from evicting the Applicant on the 20th February 2025 pending the hearing and determination of the main suit. The Applicant has also sought an order that it be granted access to the suit premises pending the hearing and determination of the suit.
2. In the context of proceedings before the Tribunal, the suit that the Applicant is referring to is a Complaint filed under Section 12(4) of Cap 301 which is supposed to be in FORM C to the schedule to the Act. The said Section provides as follows;-“In addition to any other powers specifically conferred on it by or under this Act, a Tribunal may investigate any Complaint relating to a controlled tenancy made to it by the Landlord or the Tenant and may make such order thereon as it deems fit.”
3. The Complaint by the Landlord or the Tenant under Section 12(4) of Cap 301 recited above is to be made in FORM C provided for in the schedule to the Act. This is the Complaint upon which an Application by either the Landlord or the Tenant is to be premised upon.In the instant case, the Tenant/Applicant did not file any Complaint under Section 12(4) of Cap 301 and any subsequent pleadings filed are therefore incompetent. The Tenant’s prayers that certain orders be granted pending the hearing and determination of the suit do not suffice as there is no suit/complaint/Reference filed by the Tenant/Applicant.
4. Consequently, the Application by the Tenant is incompetent and is hereby struck out with no orders as to costs.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 23RD DAY OF APRIL 2025. HON. CYPRIAN MUGAMBICHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Mr. Ayul for the Applicant and in the absence of the Respondent