[2022] KEBPRT 125 (KLR)
The Tribunal found that although consideration had been paid and there were email correspondences and draft agreements, there was no clear evidence of acceptance of the offer by the landlady. Furthermore, the purported landlord, Patrick Wekesa Wafula, did not produce a power of attorney to demonstrate authority to...
Source-derived case information.
- Citation
- [2022] KEBPRT 125 (KLR)
- Parties
- Applicant: Nageye Mohamud Dahir; Respondent: Recho Nabucha Wafula; Respondent: Patrick Wekesa Wafula
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E036 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Tenant's application and reference dismissed with costs; landlord's application allowed; previous orders set aside.
- Legal Topics
- Landlord Tenant Relationship, Tenancy Agreements, Capacity to Contract
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nageye Mohamud Dahir
Applicant
Recho Nabucha Wafula
Respondent
Patrick Wekesa Wafula
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether there existed a valid landlord-tenant relationship between the applicant and the respondent.
- 2 Whether the tenancy agreement was valid and enforceable given questions of acceptance and capacity.
- 3 Whether the applicant was entitled to reinstatement to the premises.
Ratio Decidendi
The Tribunal found that although consideration had been paid and there were email correspondences and draft agreements, there was no clear evidence of acceptance of the offer by the landlady. Furthermore, the purported landlord, Patrick Wekesa Wafula, did not produce a power of attorney to demonstrate authority to sign on behalf of the landlady, Recho Nabucha Wafula. The agreement's validity was further undermined by questions regarding the capacity of the signatory. As a result, the Tribunal held that no valid landlord-tenant relationship existed between the applicant and the respondent. Consequently, the orders previously granted to the applicant were set aside, and the applicant's...
Court Disposition
Tenant's application and reference dismissed with costs; landlord's application allowed; previous orders set aside.
Orders
- Tenant's application and reference dated 13th September 2021 are dismissed with costs.
- Orders previously granted to the tenant are set aside in total.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL AT KAKAMEGA
TRIBUNAL CASE NO. E036 OF 2021
NAGEYE MOHAMUD DAHIR................................................TENANT/APPLICANT
VERSUS
RECHO NABUCHA WAFULA.......................................LANDLORD/ RESPONDENT
PATRICK WEKESA WAFULA...................................CARETAKER / RESPONDENT
RULING
1. The Tenant moved this Tribunal by a notice of motion application under certificate on 13th September 2021 seeking this Tribunals intervention to break into the suit premises and be reinstated accordingly as tenants which orders were granted on 14th September 2021.
2. The Tenants reference dated 13th September 2021 also indicated threat of eviction without notice and refusal to accept rent by the Landlady.
3. The Landlord filed a replying affidavit and stated briefly that there is no Landlord Tenant relationship as yet that it is clear the Landlady had refused to sign the lease agreement upon meeting the tenant and directed her lawyers to refund the deposited sums of money being 493,200/-.
4. It is stated that on 8th September 2021 the landlady proceeded and leased the premises to one Lucy Karanja and another and the agreement was signed and witnessed by all her children for a period of 5 years at 60,000/- shillings per month. Evidence is also produced of correspondences including expenses incurred by the said Lucy in renovating the said premises before orders of this Tribunal were issued and the premises have been locked to-date.
5. The Landlord filed an application to review and or set aside the said orders of 16th September 2021 and reinstate the new Tenants as there seemed to be no premises available to be let to the Tenant herein. Both applications came before me and parties have filed submissions which I have looked at and I appreciate their input. The key question I am left to deal with is that was there a Tenant/Landlord relationship between the Landlord and the Tenant herein?
6. A tenancy agreement is a contract like any other before it is governed by Cap 301 it must meet the Tenants of a contract that is to say there must be an offer, acceptance and consideration.
7. From the evidence adduced by parties in this matter more particular the various email correspondences and the two lease agreements, I am persuaded that consideration was paid but I am at pains to see when the offer made was accepted by the other party.
8. The email correspondences annexed in various affidavits indeed build up to a lease agreement being signed between one Patrick Wekesa Wafula and Nageye Mohamud Dahir. This would have been proof enough of the contract except for one thing capacity. All parties do not dispute the Landlady is Recho Wekesa and indeed the lease states that the said Patrick is Landlord pursuant to a power of attorney donated to him by Recho the said power is not produced and therefore this Tribunal cannot confirm in what capacity Patrick Wekesa Wafula was signing on behalf of Recho.
9. Further the agreement produced has a thumb print of the Landlady Recho and witnessed by several persons whom I suspect must be her children. Curiously it is also signed by the same Patrick Wekesa Wafula.
10. Having found for want of acceptance and want of capacity the Tenant’s claim must fail. I am inclined to agree with the Landlord’s application dated 22nd September 2021 and proceed to set aside orders obtained by the Tenant therein in total.
11. Further I dismiss the Tenant’s application and reference dated 13th September 2021 with costs.
12. The Landlord shall immediately take possession of the premises and hand over the same to the new Tenants and or any other Tenant they so wish. If the Tenants herein fail to remove their padlock in 3 days the Landlord is at liberty to break in with the help of OCS Bungoma Police and take possession.
HON A. MUMA
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL
RULING DATED, SIGNED AND DELIVERED VIRTUALLY BY HON A. MUMA THIS 7TH DAY OF JANUARY, 2022 in the presence of Malobafor theLandladyand Hassanfor the Tenant.
HON A. MUMA
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL