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ELCDismissedELC No. 1166 of 2016 (consolidated suit)· [2017] KEELC 3079 (KLR)

Kirara Kiiru & 4 others v Gee Tee Sons Limited & 2 others [2017] KEELC 3079 (KLR)

Environment and Land Court
31 March 2017
MGMARY M. GITUMBI
1,014 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court confirmed that tenants in controlled tenancy disputes can still sue in court when seeking injunctions the Rent Tribunal cannot grant.

What this practically means

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Executive summary

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The Defendant filed a Notice of Preliminary Objection dated 14th July 2014 seeking dismissal of the whole suit and a Notice of Motion dated 22nd September 2016 on the ground that the court lacked jurisdiction under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, jurisdiction over controlled tenancy disputes vesting in the Business Premises Rent Tribunal. The dispute concerns premises known as Land Reference Number 4953/93 in Thika Town, belonging to the late George Thuo, from whom the Defendant claimed to have substituted as proprietor and served rent-increase notices on the Plaintiffs, who are admitted controlled tenants. The Plaintiffs had already filed References before the Tribunal, which they intended to withdraw, and also filed this suit, later consolidated with ELC No. 1166 of 2016. The Defendant argued that the validity of the tenancy notices and the identity of the landlord were matters for the Tribunal; the Plaintiffs conceded those points but maintained that their prayers for temporary, permanent and mandatory injunctions could only be granted by the court. Relying on the binding Court of Appeal decisions in Narshidas & Co. Ltd v Nyali Air Conditioning & Refrigeration and Caledonia Supermarket Ltd v Kenya National Examination Council, the court held that the Tribunal has no power to issue injunctions, and that since the consolidated suit sought such relief, the Plaintiffs were before the right court. The Preliminary Objection was dismissed with costs in the cause.

Key legal issues

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01

Whether the ELC or the Business Premises Rent Tribunal has jurisdiction over the suit

Holding

The court has jurisdiction because the Plaintiffs seek injunctions which the Tribunal cannot grant.

Reasoning

Both parties agreed that questions of the validity of the tenancy notices and of who the landlord is fall within the Tribunal's jurisdiction. However, the consolidated plaints also seek temporary, permanent and mandatory injunctions. Relying on binding Court of Appeal authority, the court held the Tribunal cannot issue injunctions, so the Plaintiffs are properly before the ELC.

p. 2

Legal principles established

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  • The Business Premises Rent Tribunal has no jurisdiction to issue orders of injunction; where a controlled tenant seeks injunctive relief against a landlord, the superior court (now the Environment and Land Court) has jurisdiction.

Court orders

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  1. 1.The Preliminary Objection dated 14th July 2014 is dismissed
  2. 2.Costs shall be in the cause

Authorities

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Legislation

  • Landlord and Tenant (Shops, Hotels and Catering Establishments) Act

Cases cited (2)

  • Narshidas & Co. Ltd versus Nyali Air Conditioning & Refrigeration
    Civil Appeal No. 205 of 1995
  • Caledonia Supermarket Limited versus Kenya National Examination Council
    (2000) 2 EA 357
Jurisdiction invoked
Landlord and Tenant (Shops, Hotels and Catering Establishments) Act; inherent jurisdiction of the Environment and Land Court over suits seeking injunctive relief

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kirara Kiiru & 4 others v Gee Tee Sons Limited & 2 others [2017] KEELC 3079 (KLR)", Case Analysis (2017). ELC No. 1166 of 2016 (consolidated suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3079/eng@2017-03-31

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.