[2025] KEELC 4180 (KLR)

[2025] KEELC 4180 (KLR)

The court held that the preliminary objection raised by the appellants was not a pure point of law because the existence of a tenancy relationship after expiry of the lease was a contested factual issue. The tribunal was correct in finding that evidence was required to determine whether a tenancy subsisted. However,...

Source-derived case information.

Citation
[2025] KEELC 4180 (KLR)
Parties
Appellant: Michael Kyengo; Appellant: Caroline Kyengo; Respondent: Watamu Development Ltd
Court
Environment and Land Court
Court Station
Environment and Land Court at Kwale
Jurisdiction
Kenya
Judgment Date
29 May 2025
Case Number
Appeal E009 of 2024
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal_allowed_in_part
Judges
AE Dena
Legal Topics
Controlled Tenancy, Jurisdiction of Tribunals, Preliminary Objection, Natural Justice, Eviction Proceedings
Source Language
english
Land and Property Civil Procedure Controlled Tenancy Jurisdiction of Tribunals Preliminary Objection Natural Justice Eviction Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Michael Kyengo

Appellant

Caroline Kyengo

Appellant

Watamu Development Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the Business Premises Rent Tribunal had jurisdiction to determine the dispute between the parties.
  2. 2 Whether the tribunal erred by making a final determination without hearing the parties on merits.
  3. 3 Whether the existence of a tenancy relationship after expiry of the lease was a pure point of law suitable for preliminary objection.

Ratio Decidendi

The court held that the preliminary objection raised by the appellants was not a pure point of law because the existence of a tenancy relationship after expiry of the lease was a contested factual issue. The tribunal was correct in finding that evidence was required to determine whether a tenancy subsisted. However, the tribunal erred by proceeding to make a final determination on the substantive application without hearing the parties on merits, thereby violating the principles of natural justice. The proper course, after finding the preliminary objection unsustainable, was to dismiss it and proceed to hear the substantive application fully. The tribunal's final orders, made at a...

Court Disposition

appeal_allowed_in_part

Orders

  • The appeal succeeds to the extent that the tribunal erred in law by giving a final judgement without hearing the parties.
  • The matter is remitted to the Business Premises Rent Tribunal for hearing on merits.