Wangai & 6 others v Julius Kariuki Wangai t/a Central Farmers Co-operative [2024] KEBPRT 186 (KLR)

Wangai & 6 others v Julius Kariuki Wangai t/a Central Farmers Co-operative (Tribunal Case 142 of 2019) [2024] KEBPRT 186 (KLR) (31 January 2024) (Ruling)

Neutral citation: [2024] KEBPRT 186 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case 142 of 2019

CN Mugambi, Chair

January 31, 2024

Between

Julius Kariuki Wangai & 6 others

Applicant

and

Julius Kariuki Wangai t/a Central Farmers Co-operative

Respondent

Ruling

Introduction 1. The landlord’s application dated 22. 10. 2019 seeks an order that the landlord be allowed to evict the tenants/Respondents from the premises known as Nyandarua Olkalou Central (the suit premises) for failure to file references on the notice dated 18. 4.2019 which became effective on 1. 7.2019. The Applicant has also sought the assistance of the OCS, Olkalou police station to assist in compliance with the court orders sought.

The Applicant’s depositions 2. The landlord, through its director, Mr. Julius Kariuki Wangai has deponed in his affidavit sworn on 22. 10. 2019 that, the landlord issued to the tenants notices to terminate their tenancies, the notices are dated 18. 4.2019.

3. The landlord has further deponed that the Respondents have not filed any reference in objection to the said notices, neither have they notified the landlord that they would not comply with the said notices as required under the provisions of Section 4 of Cap 301.

4. It is further deponed by the landlord that in these circumstances, the Respondents have become trespassers on the suit premises.

5. The landlord has further deponed that it intends to have possession of the premises to carry out a substantial work of construction.

Analysis and determination 6. The Reference to the Tribunal in the instant suit has been brought by Mr. Julius Kariuki Wangai. The basis of the reference is that the Respondents were served with notices to terminate their tenancies and they failed to file references and thereby became tresspassers on the suit premises.

7. Although the application for eviction has been brought by Mr. Julius Kariuki Wangai, t/a Okalou Central Farmers Co-operative Society, the reference filed herein does not express itself to have been brought by and/or on behalf of the said co-operative society.

8. I have perused the pleadings in this matter and I am not convicned that the notices to terminate tenancy were issued by the Okalou Central Farmers Co-operative Society. The notices do not bear the seal of the Co-operative Society and they have been issued by the Applicant, Julius Kariuki Wangai. I have also had occasion to peruse a copy of a title deed for Nyandarua/Olkalou Central/912, it is in the name of Olkalou Central Farmers Co-operative Society Ltd. It is therefore clear that Mr. John Kariuki Wangai is not the proprietor of the suit premises and therefore not the landlord of the tenants.

9. I note that the application dated 22. 10. 2019 has been brought by Mr. John Kariuki Wangai t/a Okalou Central Farmers Co-operative Society. Even assuming for argument’s sake that Olkalou Central Farmers Co-operative Society is a society registered under the Societies Act Cap 108, and therefore a non-incorporated body, the society could only have brought the suit through trustees or in the names of their officials in a representative capacity (see the case of; Hathinge Self Help Group & 2others vs James Nzeku Co-operative Bank Housing & Another [2021] eKLR.

10. But, on the strength of the title deed exhibited on the Applicant’s affidavit, I am satisfied that Olkaou Central Farmers Co-operative Society is a farmers co-operative society duly incorporated under theCo-operatives Act, Cap 490 of the Laws of Kenya. In this event, the Society has the capacity to bring a suit on its own behalf and Mr. Julius Kariuki Wangai therefore has no locus standi to bring the suit on behalf of the said co-operative society. It is also rather obvious that Mr. Julius Kariuki Wangai cannot be trading as the co-operative society as in his affidavit he describes himself as a director of Olkalou Central Farmers Co-operative Society Ltd.

11. I would also add that I have not seen any evidence of the co-operative society authorization of Mr. Julius Kariuki Wangai to bring this suit on its behalf or to even swear the affidavits in that behalf.

12. In conclusion, I am of the view that the suit as brought by the said Julius Kariuki Wangai is incompetent as he lacks the locus standi to bring the same. It is ordered dismissed with costs to the Respondent.

RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 31ST DAY OF JANUARY 2024. HON. CYPRIAN MUGAMBICHAIRPERSON31. 01. 2024Delivered in the absence of the parties