Case ID:165165
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
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