Greatfold Enterprises Limited v R World Investements Limited & GA Consultants Limited [2021] KEBPRT 411 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

VIEW PARK TOWERS 7TH & 8TH FLOOR

TRIBUNAL CASE NO. 178  OF 2021  (NAIROBI)

GREATFOLD ENTERPRISES LIMITED......…….....….….…TENANT/APPLICANT

VERSUS

R WORLD INVESTEMENTS LIMITED.................1ST LANDLORD/RESPONDENT

GA CONSULTANTS LIMITED……………………2ND LANDLORD/RESPONDENT

RULING

1. Before me is an application dated 22nd February 2021 by the Tenant in which it seeks for restraining orders against the Landlord/Respondents from interfering with its quiet enjoyment and occupation of the space known as Godown number B4 and B5 at Graylands Investments Limited erected on L.R. No. 10426/47 Mavoko Municipality pending the determination of the complaint.

2. The application is supported by the Tenant’s affidavit of even date and the grounds on the face of the application.

3. Among the documents annexed to the supporting affidavit is a lease for 5 years 3 months with a commencement  date of 1st May 2018.

4. On the other hand, the Landlord filed a notice of motion dated 18th March 2021 seeking to strike out the proceedings in this cause and discharge, vary or set aside the ex-parte orders dated 24th February 2021.

5. Among the documents annexed to the application is a lease dated 1st  May 2018 which is duly executed by both parties and attested by an advocate.

6. The lease is for a period of 5 years 3 months and has no termination clause during its currency other than for breach of covenant.

7. The application to strike out the proceedings is premised upon lack of jurisdiction on the part of the Tribunal under section 2 of Cap. 301, Laws of Kenya.

8. I have perused the pleadings, as well as the said lease and taken into consideration the definition of a controlled tenancy under section 2 of Cap. 301 and agree with the Landlord’s submissions that the proceedings before me ought to be struck out on grounds of want of jurisdiction.

9. The tenancy relationship entered into between the Tenant and the Landlord is not a controlled one and the proceedings were instituted in the wrong forum.

10. In line with the Locus classicos case of owners of motor vessel “Likian S”  vs.- Caltex Oil  (Kenya) Ltd (1989) eKLR, I shall down my tools and strike out the entire Reference with costs to the Landlord/Respondents.

11. The orders given on 24th February 2021 are hereby set aside forthwith.

12. The Respondents costs are assessed at Kshs.25,000/- against the Tenant.

It is so ordered.

DATED, SIGNED & DELIVERED VIRTUALLY THIS 23RD DAY OF JULY 2021.

HON. GAKUHI CHEGE

VICE CHAIR

BUSINESS PREMISES RENT TRIBUNAL

In the presence of:-

Kamande for Landlord

Momanyi for Tenant