[2025] KEBPRT 304 (KLR)

[2025] KEBPRT 304 (KLR)

The tribunal found that its jurisdiction under Cap. 301 is limited to disputes between a landlord and tenant as defined by the Act. The evidence established that the tenancy agreement was entered into between Dorothy Mbeere Geteria and the respondent, with Dorothy receiving all rents and profits. The applicant, Benjamin Geteria Wamugunda, was neither a party to the agreement nor entitled to the rents and profits, and thus did not qualify as a landlord under the Act. As such, there was no landlord-tenant relationship between the applicant and respondent, depriving the tribunal of jurisdiction to entertain the reference and application. The tribunal relied on established case law and...

Citation
[2025] KEBPRT 304 (KLR)
Parties
Applicant: Benjamin Geteria Wamugunda; Respondent: John Nyaga Njiru
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
5 June 2025
Case Number
Tribunal Case E043 of 2024
Procedural Posture
Miscellaneous Application / Judgment
Outcome
Reference and notice of motion application struck out for want of jurisdiction; costs awarded to respondent.
Judges
N Wahome, Joyce Murigi
Legal Topics
Controlled Tenancy, Jurisdiction of Tribunal, Landlord Tenant Relationship, Striking Out Proceedings
Source Language
English
Land and Property Civil Procedure Controlled Tenancy Jurisdiction of Tribunal Landlord Tenant Relationship Striking Out Proceedings

Case Brief

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Parties

Benjamin Geteria Wamugunda

Applicant

John Nyaga Njiru

Respondent

Procedural Posture

Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the tribunal has jurisdiction to hear and determine the dispute in the absence of a landlord-tenant relationship between the applicant and respondent.
  2. 2 Whether the applicant qualifies as a landlord under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap.301).
  3. 3 Whether the tenancy agreement in question is void ab initio due to uncertainty of area and purpose.

Ratio Decidendi

The tribunal found that its jurisdiction under Cap. 301 is limited to disputes between a landlord and tenant as defined by the Act. The evidence established that the tenancy agreement was entered into between Dorothy Mbeere Geteria and the respondent, with Dorothy receiving all rents and profits. The applicant, Benjamin Geteria Wamugunda, was neither a party to the agreement nor entitled to the rents and profits, and thus did not qualify as a landlord under the Act. As such, there was no landlord-tenant relationship between the applicant and respondent, depriving the tribunal of jurisdiction to entertain the reference and application. The tribunal relied on established case law and...

Court Disposition

Reference and notice of motion application struck out for want of jurisdiction; costs awarded to respondent.

Orders

  • The applicant's reference and notice of motion application both dated 18/7/2024 are struck out.
  • The applicant shall pay the tenant costs assessed at Kshs. 30,000.