Welco Services International t/a Cajetan P. Ombere v Jabal & another [2022] KEHC 13410 (KLR)

Welco Services International t/a Cajetan P. Ombere v Jabal & another (Civil Appeal 435 of 2017) [2022] KEHC 13410 (KLR) (Civ) (20 September 2022) (Ruling)

Neutral citation: [2022] KEHC 13410 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Civil

Civil Appeal 435 of 2017

JN Mulwa, J

September 20, 2022

Between

Welco Services International t/a Cajetan P. Ombere

Appellant

and

Rajpal Singh Jabal

1st Respondent

Regent Management Limited

2nd Respondent

Ruling

1. The appeal hereof is against the ruling of the trial court delivered on the July 28, 2017 on an application dated March 8, 2017. The substratum of the application and the main suit was a dispute between the plaintiff and the defendant both being tenants at an office space at Uganda House, Nairobi. The disagreement on the rent payments lead to the defendant instructing auctioneers to proclaim distress and attach the plaintiff’s property in the said office space. Both the plaintiff and the defendant were joint tenants in the said premises.

2. Upon hearing the application for injunctive orders against the distress for rent and injunction, the trial court directed by the ruling being appealed from, that both the plaintiff and the defendant as joint tenants are obligated to honour their obligation by paying rent as directed by the court, and thereby dismissed the application with costs to the respondents; prompting the plaintiff, now the appellant to lodge the appeal hereof.

3. By a notice of motion application dated February 3, 2022, filed by the appellant, it is sought that the appeal be listed for giving directions; that the court be pleased to allow the appeal with costs being provided for.

4. Without doubt, the course of action and the proceedings before the trial court was a dispute between tenants and the landlord. This court has no jurisdiction to entertain any disputes between landlords and tenants on rent issues or matters connected with the use and title to land including leases and tenancies.

5. Section 13 of the Environment and Land Court Act, 2011 provides for the said courts jurisdiction as follows:-“13. (1)The court shall have original and appellate jurisdiction to hear and determine all disputes in accordance with article 162 (2)(b) of the Constitution and with the provisions of this Act or any other law applicable in Kenya relating to environment and land.2(a)relating to environmental planning and protection, climate issues, land use planning, title, tenure, boundaries, rates, rents valuations, minerals and other natural resources.The appeal hereof ought to have been filed at the Environment and Land Court in its appellate status

6. For the aforestated, this appeal is hereby transferred to the Environment and Land Court for hearing and determination including the interlocutory application dated February 3, 2022.

DELIVERED, DATED AND SIGNED AT NAIROBI THIS 20TH DAY OF SEPTEMBER, 2022. J.N. MULWAJUDGE