Wamaitha v Zorea Real Estate Agencies & another [2025] KEBPRT 173 (KLR) | Business Premises Rent Tribunal Jurisdiction | Esheria

Wamaitha v Zorea Real Estate Agencies & another [2025] KEBPRT 173 (KLR)

Full Case Text

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.