[2025] KEBPRT 324 (KLR)

[2025] KEBPRT 324 (KLR)

The tribunal found that the preliminary objection did not raise any pure point of law as required by the Mukisa Biscuits case. The tribunal held that there is no statutory requirement under Cap. 301 for a landlord's notice of termination to be filed at the tribunal or to be allocated a reference number. The notice issued by the landlord was found to be compliant with the relevant statutory provisions and regulations. The respondent failed to demonstrate any breach of law or to provide evidence that the tenancy relationship did not fall within the definition of controlled tenancy under the Act. Consequently, the preliminary objection was found to be without merit and was dismissed with...

Citation
[2025] KEBPRT 324 (KLR)
Parties
Applicant: Anilo Tailor; Respondent: John Brian Ambundo
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
19 June 2025
Case Number
Tribunal Case E020 of 2025
Procedural Posture
Preliminary Objection / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed with costs to the landlord
Judges
N Wahome, Joyce Murigi
Legal Topics
Controlled Tenancy, Jurisdiction of Tribunal, Notice of Termination, Statutory Compliance
Source Language
English
Land and Property Controlled Tenancy Jurisdiction of Tribunal Notice of Termination Statutory Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

Anilo Tailor

Applicant

John Brian Ambundo

Respondent

Procedural Posture

Preliminary Objection / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the tribunal has jurisdiction to entertain the application based on the alleged defective notice of termination of tenancy.
  2. 2 Whether the notice of termination of tenancy required filing at the tribunal and allocation of a reference number under Cap. 301.
  3. 3 Whether the notice of preliminary objection raises a pure point of law sufficient to dispose of the suit.

Ratio Decidendi

The tribunal found that the preliminary objection did not raise any pure point of law as required by the Mukisa Biscuits case. The tribunal held that there is no statutory requirement under Cap. 301 for a landlord's notice of termination to be filed at the tribunal or to be allocated a reference number. The notice issued by the landlord was found to be compliant with the relevant statutory provisions and regulations. The respondent failed to demonstrate any breach of law or to provide evidence that the tenancy relationship did not fall within the definition of controlled tenancy under the Act. Consequently, the preliminary objection was found to be without merit and was dismissed with...

Court Disposition

preliminary objection dismissed with costs to the landlord

Orders

  • The notice of preliminary objection dated 4/3/2025 is dismissed.
  • Costs awarded to the landlord.