[2025] KEBPRT 328 (KLR)

[2025] KEBPRT 328 (KLR)

The Tribunal found that it has jurisdiction throughout the Republic of Kenya and that the preliminary objection did not raise pure points of law, as the issues of the existence and expiry of the tenancy require examination of evidence. The Tribunal held that such matters cannot be determined summarily at the preliminary stage and must be addressed through the usual evidentiary process. Consequently, the preliminary objection was dismissed for lack of merit.

Citation
[2025] KEBPRT 328 (KLR)
Parties
Applicant: Naftaly Kwari Muthuri; Applicant: Kinoti Stanley Marete; Respondent: Joshua Kirimi Marete; Respondent: Smart Champions Sacco Society Limited
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
16 June 2025
Case Number
Tribunal Case E332 of 2025
Procedural Posture
Preliminary Objection / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed with costs to the applicants
Judges
CN Mugambi
Legal Topics
Jurisdiction of Tribunal, Preliminary Objection, Tenancy Disputes
Source Language
English
Land and Property Civil Procedure Jurisdiction of Tribunal Preliminary Objection Tenancy Disputes

Case Brief

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Parties

Naftaly Kwari Muthuri

Applicant

Kinoti Stanley Marete

Applicant

Joshua Kirimi Marete

Respondent

Smart Champions Sacco Society Limited

Respondent

Procedural Posture

Preliminary Objection / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the Business Premises Rent Tribunal has territorial jurisdiction to hear and determine the suit.
  2. 2 Whether the preliminary objection raises pure points of law suitable for summary determination.
  3. 3 Whether the existence and expiry of the tenancy can be determined at the preliminary stage.

Ratio Decidendi

The Tribunal found that it has jurisdiction throughout the Republic of Kenya and that the preliminary objection did not raise pure points of law, as the issues of the existence and expiry of the tenancy require examination of evidence. The Tribunal held that such matters cannot be determined summarily at the preliminary stage and must be addressed through the usual evidentiary process. Consequently, the preliminary objection was dismissed for lack of merit.

Court Disposition

preliminary objection dismissed with costs to the applicants

Orders

  • The respondents' notice of preliminary objection dated 16.4.2025 is dismissed.
  • Costs awarded to the applicants.