[2021] KEBPRT 55 (KLR)
The Tribunal found that the landlord-tenant relationship between the parties had ceased to exist, as the applicant had vacated the premises and the respondent had no objection to the applicant collecting her items. Since the Tribunal's jurisdiction is limited to disputes arising from an existing landlord-tenant...
Source-derived case information.
- Citation
- [2021] KEBPRT 55 (KLR)
- Parties
- Applicant: Phylis Wanjiru Ndungu; Respondent: Agnes Muthoni Ireri
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 41 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed with costs to the respondent
- Legal Topics
- Landlord Tenant Disputes, Termination of Tenancy, Recovery of Possessions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phylis Wanjiru Ndungu
Applicant
Agnes Muthoni Ireri
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the Tribunal has jurisdiction in the absence of a current landlord-tenant relationship.
- 2 Whether the applicant is entitled to orders for access to the premises and retrieval of goods.
- 3 Whether the respondent is liable for costs.
Ratio Decidendi
The Tribunal found that the landlord-tenant relationship between the parties had ceased to exist, as the applicant had vacated the premises and the respondent had no objection to the applicant collecting her items. Since the Tribunal's jurisdiction is limited to disputes arising from an existing landlord-tenant relationship, it lacked jurisdiction to entertain the application. Consequently, the application and reference were dismissed, and costs awarded to the respondent.
Court Disposition
application dismissed with costs to the respondent
Orders
- The tenant's reference dated 26th May 2021 and the application dated 26th May 2021 are dismissed.
- Costs to the landlord/respondent assessed at Kshs 15,000.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
VIEW PARK TOWERS 7TH & 8TH FLOOR
TRIBUNAL CASE NO. 41 OF 2021 (EMBU)
PHYLIS WANJIRU NDUNGU...........................TENANT/APPLICANT
VERSUS
AGNES MUTHONI IRERI.......................LANDLORD/RESPONDENT
RULING
1. The Landlord’s Tenant’s notice of motion application dated 26th May 2021 seeks orders to allow the Tenant/Applicant to access her property and goods in the suit premises. The Tenant has also sought police assistance in execution of the orders sought and costs of the application.
2. The Tenant’s claim is that the tenancy/lease agreement between the parties expired and since then the Landlord has denied the Tenant access to the premises to retrieve her goods and machinery. The Tenant is further apprehensive that the Landlord may dispose her of her goods without the authority of the Tribunal.
3. The Landlord/Respondent has opposed the application. The gist of the replying affidavit sworn by the Landlord is to the effect that the Tenant/Applicant left the suit premises five years before filing this suit when the Tenant left the premises, he left behind for plastic tanks and several crates containing empty alcohol bottles. The Landlord further states that the Tenant declined to collect her items despite requests by the Landlord that she does so. The Respondent states that the Tenant is free to go and collect her items.
4. The relationship of the Landlord and Tenant between the parties herein no longer exists. The Tenant has not denied that he left the suit premises and on the other hand the Respondent has no problem with the Tenant collecting her items from the suit premises. I think this suit was not necessary in the first place.
5. The jurisdiction of the Tribunal is solely premised on the existence of a Landlord/Tenant relationship. Having found that none exists in the instant case, the Tenant’s reference dated 26th May 2021 and the application dated 26th May 2021are hereby dismissed with costs to the Landlord/Respondent assessed at Kshs 15,000/-.
HON. CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
Ruling dated, signed and delivered by Hon Cyprian Mugambi Nguthari this 17thday of December, 2021 in the presence of Mr Kamundiholding brief forMr Andandefor theTenant/Applicantand in the absence of theLandlord.
HON. CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL