Victor Samson v Jacinta Wanjui Wangai [2019] eKLR Case Summary

Court
Business Premises Rent Tribunal at Mombasa
Category
Civil
Judge(s)
Mbichi Mboroki (Chairman)
Judgment Date
July 05, 2019
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the 2019 case summary of Victor Samson v Jacinta Wanjui Wangai on eKLR. Discover key legal insights, rulings, and implications of this influential judgment.

Case Brief: Victor Samson v Jacinta Wanjui Wangai [2019] eKLR

1. Case Information:
- Name of the Case: Victor Samson v. Jacinta Wanjui Wangai
- Case Number: Tribunal Case No. 79 of 2019 (Mombasa)
- Court: Business Premises Rent Tribunal
- Date Delivered: July 5, 2019
- Category of Law: Civil
- Judge(s): Mbichi Mboroki (Chairman)
- Country: Kenya

2. Questions Presented:
The central legal issue before the Tribunal was whether the Tenant, Victor Samson, was in lawful occupation of the premises as a Tenant or if he was a Trespasser following the actions of the Landlord, Jacinta Wanjui Wangai.

3. Facts of the Case:
The parties involved are Victor Samson (Applicant/Tenant) and Jacinta Wanjui Wangai (Respondent/Landlord). On March 26, 2019, the Tenant and Landlord entered into a rent agreement where the Tenant paid a total of KSh 105,000, which included a deposit and advance rent. At the time of signing the agreement, the premises were occupied by a previous tenant, Mr. Omar, who was to vacate by April 5, 2019. However, on April 7, 2019, the Landlord refunded KSh 70,000 to the Tenant, indicating a change of mind regarding the rental agreement, as she intended to use the premises for her own business. Following this, the Tenant sought legal intervention by filing a reference with the Tribunal on April 10, 2019.

4. Procedural History:
The Tenant filed a reference under section 12(4) of Cap 301 and a notice of motion on April 10, 2019, seeking interim mandatory orders. The Tribunal issued interim orders on April 11, 2019, allowing the Tenant to occupy the premises. The Tribunal reviewed the evidence presented by both parties and their written submissions. The Tribunal's findings were based on the undisputed facts regarding the tenancy agreement and the subsequent actions of the Landlord.

5. Analysis:
- Rules: The Tribunal considered the relevant statutes under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301, particularly section 2, which defines the landlord-tenant relationship.
- Case Law: The Tribunal did not cite specific previous cases but relied on the principles established in the tenancy laws governing landlord-tenant relationships in Kenya. The court's analysis focused on the validity of the tenancy agreement and the implications of the Landlord's actions in rescinding it.
- Application: The Tribunal determined that the Tenant was entitled to possession of the premises based on the tenancy agreement. It ruled that the Landlord's attempt to unilaterally rescind the agreement by refunding part of the rent was invalid, thereby affirming the existence of a landlord-tenant relationship.

6. Conclusion:
The Tribunal ruled in favor of the Tenant, confirming that he was in lawful occupation of the premises as a Tenant. The orders included allowing the Tenant's application and maintaining the terms of the tenancy agreement until properly terminated. The implications of this ruling reinforce the legal protections afforded to tenants under Kenyan law, emphasizing that landlords cannot unilaterally rescind agreements without proper legal grounds.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The Tribunal's decision in Victor Samson v. Jacinta Wanjui Wangai underscored the importance of honoring tenancy agreements and the legal rights of tenants. The ruling confirmed the Tenant's lawful occupation of the premises and established that the Landlord's actions to rescind the agreement were ineffective. This case serves as a significant reference point for similar disputes regarding landlord-tenant relations in Kenya, emphasizing the need for adherence to legal processes in tenancy matters.

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