[2017] KEHC 7515 (KLR)
The court determined that the plaintiff qualifies as a protected tenant under Cap 301 of the Laws of Kenya. Since the dispute concerns rent payment and repairs or improvements to the suit premises, the matter falls squarely within the jurisdiction of the Business Premises Tribunal. Consequently, the High Court lacks...
Source-derived case information.
- Citation
- [2017] KEHC 7515 (KLR)
- Parties
- Plaintiff: Oyule Ngata t/a Hango Pub; Defendant: Leonard Wakhisi
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 44 of 2017
- Procedural Posture
- Land and Environment Case / Ruling on Jurisdiction and Transfer
- Outcome
- Transferred to the Business Premises Tribunal for want of jurisdiction.
- Legal Topics
- Protected Tenancy, Business Premises Tribunal Jurisdiction, Rent Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oyule Ngata t/a Hango Pub
Plaintiff
Leonard Wakhisi
Defendant
Procedural Posture
Land and Environment Case / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the plaintiff is a protected tenant under Cap 301 of the Laws of Kenya.
- 2 Whether the dispute falls within the jurisdiction of the Business Premises Tribunal.
Ratio Decidendi
The court determined that the plaintiff qualifies as a protected tenant under Cap 301 of the Laws of Kenya. Since the dispute concerns rent payment and repairs or improvements to the suit premises, the matter falls squarely within the jurisdiction of the Business Premises Tribunal. Consequently, the High Court lacks jurisdiction to hear and determine the matter, necessitating its transfer to the appropriate tribunal.
Court Disposition
Transferred to the Business Premises Tribunal for want of jurisdiction.
Orders
- This matter is transferred to the Business Premises Tribunal.
- The Deputy Registrar is directed to facilitate the transfer.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
ELC NO. 44 OF 2017
OYULE NGATA T/A/ HANGO PUB........................................PLAINTIFF
VERSUS
LEONARD WAKHISI.........................................................DEFENDANT
R U L I N G
1. I have perused the court file and it would appear on the face of the record that the plaintiff is a protected tenant under Cap 301 of the Laws of Kenya.
2. This is a dispute/matter that touches on issues of rent payment and repairs/improvement of the suit premises. This matter therefore falls under the jurisdiction of the Business Premises Tribunal.
3. For these reasons, I therefore transfer this matter to the Business Premises Tribunal. The Deputy Registrar to facilitate the same.
SIGNED, DATED and DELIVERED in open court this 15THday of FEBRUARY,2017.
N. A. MATHEKA.
JUDGE.
In the presence of:-
...............................................................................Ondieki for Defendant.
.................................Mrs. Muleshia H/B for Mr. Mukavale for plaintiff.
...............................Alvin Otuka .................................... Court Assistant.