Case ID:165165

Josca Ventures Limited v Airport Warehousing Limited & another [2020] eKLR

Case Metadata

Case Number:

Tribunal Case 319 of 2020

Parties:

Josca Ventures Limited v Airport Warehousing Limited & Regent Auctioneers

Date Delivered:

11 Jun 2020

Case Class:

Civil

Court:

Business Premises Rent Tribunal

Case Action:

Ruling

Judge(s):

Mbichi Mboroki

Citation:

Josca Ventures Limited v Airport Warehousing Limited & another [2020] eKLR

Court Division:

Tribunal

County:

Nairobi

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

BUSINESS PREMISES RENT TRIBUNAL

TRIBUNAL CASE NO 319 OF 2020 (NAIROBI

)

JOSCA VENTURES LIMITED................................................TENANT/APPLICANT

VERSUS

AIRPORT WAREHOUSING LIMITED……..…...LANDLORD/1

ST

RESPONDENT

REGENT AUCTIONEERS………………………......…AGENT/2

ND

RESPONDENT

RULING

The Tenant/Applicant by the application dated

26

th

March 2020

conceded that the Landlord in respect of the suit premises is Saku Development Ltd. The proceedings which were instituted against Airport Warehousing Ltd were misconceived as there was no Landlord and Tenant relationship between the Applicant and Airport Warehousing Ltd.

The Tribunal has perused all the pleadings in this matter and the written submissions of the advocates for the Landlord/Respondent which are on record and makes the following findings;

1. The Applicant/Tenant has not sought leave of the Tribunal to amend the reference and the notice of motion dated

18

th

March 2020

to terminate the proceedings against Airport Warehousing Ltd who are not Landlords of the Applicant/Tenant.

2. The Applicant/Tenant having conceded that Airport Warehousing Ltd are not Landlords, the reference and the notice of motion dated

18

th

March

is misconceived and incompetent in law.

3. The letter of offer dated

14

th

June 2019

which was duly executed by the Applicant/Tenant created a tenancy agreement for a period of

5 years

and

3 months

commencing from

1

st

July 2019

up to and ending on

30

th

September 2024.

The letter of offer has no termination clause for reasons other than breach.

The Tenancy between the Applicant and the Landlord is not a controlled tenancy within the meaning of

section 2 of Cap 301.

The Tribunal adopts the submissions of the advocates for the Landlord and the authorities cited on the issue of jurisdiction of the Tribunal.

All in all, the Tribunal is satisfied that the Tenant’s reference is misconceived and is an abuse of the process of the Tribunal. The orders were also obtained by concealment of material facts contrary to the provisions of

section 13 of Cap 301.

The Tribunal makes the following orders;

1.

The Tenant’s reference dated

18

th

March 2020

and the notice of motion dated

18

th

March 2020

are struck out as incompetent for want of jurisdiction as the tenancy between the Applicant/Tenant and the landlord (Saku Development Co. Ltd) is not controlled within the meaning of

section 2 Cap 301.

2.

The interim orders issued on

19

th

March 2020

are and all other consequential orders are hereby discharged.

3.

The Tenant/Applicant shall pay the Landlord (Saku Development Co Ltd) costs of the reference assessed at

shs 60,000

all inclusive.

4.

Costs shall be paid within

14 days

from the date of deliver and/or service of this order in default the Landlord shall recover the same by way of distress as part of arrears of rent.

Ruling

dated and delivered this

11

th

day of

June 2020

in the presence of

Mr Odhiambo

holding brief for

Kenneth Wilson

for the

Respondent/Landlord

.

Tenant’s advocate

absent.

MBICHI MBOROKI

CHAIRMAN

BUSINESS PREMISES RENT TRIBUNAL