Liberty Events & Contracts Scaffolding Ltd v Pili Management Consultants Ltd [2021] KEBPRT 163 (KLR)

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO E202 OF 2021 (NAIROBI)

LIBERTY EVENTS & CONTRACTS SCAFFOLDING LTD….....TENANT/APPLICANT

VERSUS

PILI MANAGEMENT CONSULTANTS LTD….…………..LANDLORD/RESPONDENT

RULING

1. The Respondent’s notice of preliminary objection dated 11th August 2021 is in the following terms.

a. That he Applicant vacated the Respondent’s premises way back in April 2021.

b. Since the Applicant is no longer a Tenant of the Respondent, this Tribunal lacks jurisdiction to hear and determine the case herein.

c. The Applicant is therefore abusing the process of this court.

2. The notice of preliminary objection was to be disposed of by way of written submissions as per the orders of the Tribunal issued on 12th August 2021.  On 6th September 2021, only the Respondent’s counsel had filed his submissions.  I write this ruling therefore without the benefit of the submissions of counsel for the Tenant/Applicant.

3. The submissions of the Respondent/Landlord may be summarized as follows;

a. That Cap 301 confers jurisdiction upon the Tribunal to deal with references and complaints only where there exists a Landlord-Tenant relationship and where such tenancy is a controlled one.

b. That the Applicant does not deny that indeed it vacated the Respondent’s premises on 24th April 2021 and left the property on the possession of the Respondent.

c. That on 16th June 2021 the Applicant obtained ex-parteorders which it used to forcibly take away property it claimed belonged to it but which the Respondent contends belongs to a third party.

d. That there is no denial by the Applicant that it is no longer in occupation of the premises which the Respondent had previously leased to it.

e. That therefore there is no dispute that the Applicant is no longer the Tenant of the Respondent, accordingly this Tribunal lacks jurisdiction to deal with the instant case.

f. In the case of Nandlal Jiuraj Shah & 2 others Vs Kingfisher Properties Limited [2015] eKLR it was held that in the absence of a Landlord/Tenant relationship, the Tribunal has no jurisdiction to entertain any dispute arising between the parties.

g. That the Tribunal is arged to strikeout the suit herein with costs to the Respondent.

4. The only issue for determination is whether the notice of preliminary objection filed by the Respondent herein is merited.

5. The contention by the Respondent is that the Tenant left the Respondent’s premises voluntarily and therefore there does not exist a Tenant/Landlord relationship between the parties.  I have looked at the affidavit of the Applicant sworn by one Pius Muturi, a Director of the Applicant and I have not seen evidence of voluntary vacation of the suit premises.  At paragraph 8 of the said affidavit, it is deponed;

8. That since then, the said Respondent/Landlord without due cause or notice unjustifiably locked the suit premises and thereby denying us access to our tools of trade.

6. At paragraph 11;

“That the Respondent/Landlord has confiscated our personal effects and tools thereby occasioning us severe losses and damages.”

7. At paragraph 13:

“That we have tried talking to the Landlord/Respondent about the risks that his actions have exposed us to but he has ignored us hence forcing us to fill this application.

8. At paragraph 15

“That we have no rent arrears due and owing to the Respondent/Landlord of which we are aware of and we have at all material times fulfilled our obligations under the lease agreement.

9. At paragraph 9

“That we were ot served with a termination notice of the lease

HON CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL

Ruling dated, signed and delivered virtually by Hon Cyprian Mugambi Nguthari this 8th April 2021 in the presence of Mr Mwendaforthe Landlordand Miss Shabana for theTenant.

HON CYPRIAN MUGAMBI NGUTHARI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL