[2012] KEHC 5031 (KLR)

[2012] KEHC 5031 (KLR)

The High Court held that the Rent Restriction Tribunal properly exercised its statutory discretion under section 3(2) of the Rent Restriction Act in determining and reviewing the standard rent for the premises. The Tribunal considered relevant comparable rents, conducted a site visit, and took into account the...

Source-derived case information.

Citation
[2012] KEHC 5031 (KLR)
Parties
Appellant: Sayed Abdalla; Respondent: Mustafa Ebrahim Jee; Respondent: Rukyabai Lukmani; Respondent: Gulamabas Ebrahim Jee; Respondent: Taibali Ebrahim Jee
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
15 March 2012
Case Number
Civil Appeal 123 of 2008
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Rent Control, Standard Rent Assessment, Controlled Tenancy, Judicial Discretion, Appeals From Tribunal
Source Language
english
Land and Property Civil Procedure Rent Control Standard Rent Assessment Controlled Tenancy Judicial Discretion Appeals From Tribunal

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Summary, issues, holding and outcome

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Parties

Sayed Abdalla

Appellant

Mustafa Ebrahim Jee

Respondent

Rukyabai Lukmani

Respondent

Gulamabas Ebrahim Jee

Respondent

Taibali Ebrahim Jee

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the Rent Restriction Tribunal erred in law and fact in assessing and increasing the standard rent from Kshs 690 to Kshs 12,000 without due consideration to the law.
  2. 2 Whether the Tribunal relied on inadmissible evidence or failed to consider relevant evidence in determining the standard rent.
  3. 3 Whether the Tribunal erred by entering judgment against a deceased person and whether the tenancy had lawfully devolved.

Ratio Decidendi

The High Court held that the Rent Restriction Tribunal properly exercised its statutory discretion under section 3(2) of the Rent Restriction Act in determining and reviewing the standard rent for the premises. The Tribunal considered relevant comparable rents, conducted a site visit, and took into account the increased costs and the prime locality of the premises. The Tribunal was not limited to the cost of construction or purchase price in 1952, but was entitled to consider the market value as at 1st January, 1981, and what was fair in all the circumstances. The appellant failed to provide sufficient evidence of the original tenant's death, and the continued issuance of receipts in the...

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • Costs are awarded to the respondents.