[2025] KEBPRT 173 (KLR)
The Tribunal found that the lease agreement relied upon by the respondent was between the applicant and a third party, not the respondent, and that the relationship between the third party and the respondent was unclear and would require evidence to establish. The Tribunal also noted that the applicant disputed the...
Source-derived case information.
- Citation
- [2025] KEBPRT 173 (KLR)
- Parties
- Applicant: Lucy Wakonyo Wamaitha; Respondent: Zorea Real Estate Agencies; Respondent: Pyramid Auctioneers
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E657 of 2024
- Procedural Posture
- Preliminary Objection / Ruling on Preliminary Objection
- Outcome
- preliminary objection dismissed
- Judges
- CN Mugambi
- Legal Topics
- Business Premises Rent Tribunal Jurisdiction, Lease Agreements, Preliminary Objection, Landlord Tenant Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Wakonyo Wamaitha
Applicant
Zorea Real Estate Agencies
Respondent
Pyramid Auctioneers
Respondent
Procedural Posture
Preliminary Objection / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the Tribunal has jurisdiction under Cap 301 to hear and determine the suit given the lease term.
- 2 Whether the lease agreement annexed by the respondent is binding on the parties to this suit.
Ratio Decidendi
The Tribunal found that the lease agreement relied upon by the respondent was between the applicant and a third party, not the respondent, and that the relationship between the third party and the respondent was unclear and would require evidence to establish. The Tribunal also noted that the applicant disputed the existence of the 2022 lease agreement and claimed not to have been furnished with a copy. As the determination of the Tribunal's jurisdiction would require the resolution of disputed facts and evidence, the preliminary objection could not be sustained as a pure point of law. Accordingly, the preliminary objection was dismissed with costs to the applicant.
Court Disposition
preliminary objection dismissed
Orders
- The notice of Preliminary Objection dated 13.11.2024 is dismissed with costs to the Tenant.
Full Case Text
Judgment text and source record
26 paragraphs
Wamaitha v Zorea Real Estate Agencies & another (Tribunal Case E657 of 2024) [2025] KEBPRT 173 (KLR) (Civ) (11 March 2025) (Ruling)
Neutral citation: [2025] KEBPRT 173 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Civil
Tribunal Case E657 of 2024
CN Mugambi, Chair
March 11, 2025
Between
Lucy Wakonyo Wamaitha
Tenant
and
Zorea Real Estate Agencies
Landlord
and
Pyramid Auctioneers
Respondent
Ruling
1. The 1st Respondent’s notice of Preliminary Objection dated 13. 11. 2024 is brought on the grounds;-a.That the Honourable court lacks jurisdiction under Section 2(1)(b)(1) of Cap 301 of the Laws of Kenya to hear and determine the suit filed by the Tenant.b.That vide a lease agreement dated 1. 5.2022, between the parties, the term of the lease is for five (5) years and three (3) months beyond this court’s jurisdiction.
2. The 1st Respondent has annexed a lease agreement to his notice of Preliminary Objection. A plain reading of the notice shows the parties to the lease agreement to be Benard Gakuru Ituika ID No. 84XXXX, P.O. Box 2079-00900 Kiambu on one hand and Lucy Wakonyo Wamaitha ID 21XXXX P. O. Box 31666-00600 Nairobi.
3. Whereas Lucy Wakonyo Wamaitha is a party to the lease agreement and a party to this suit, Mr. Benard Gakuru Ituika is not a party to the instant proceedings.
4. It would require evidence to explain the relationship between Mr. Bernard Gakuru Ituika and Zorea Real Estate Agencies Limited who are sued as the Landlords.
5. I have taken the liberty to peruse the Affidavit of the Tenant and I note at paragraph 4 thereof, she states that she entered into a lease agreement for five (5) years in the year 2009. At paragraph 6 of the said Affidavit, the Tenant depones that since she signed the said lease agreement, she has not been furnished with a copy of the same for reasons only known to the company managing the suit property.
6. Without more, it is not certain to state that the Tenant entered into another lease agreement in the year 2022 and I am therefore unable to rely on the said agreement at this stage.
7. Consequently, the notice of Preliminary Objection is dismissed with costs to the Tenant.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 11TH DAY OF MARCH 2025HON. CYPRIAN MUGAMBICHAIRPERSONBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Mr. Amukula for the Landlord and in the absence of the Tenant.