Having perused the Record of Appeal dated on the face 20th July 2023, the Memorandum of Appeal dated 8th June 2023, and the Appellant's Written Submissions dated 11th June 2024; I note that this Appeal concerns a Ruling issued on 22nd May 2023 by the lower court in Milimani CMCC Misc App. No. E1842 of 2022 involving the same parties.
The Ruling dated 22nd May 2023 canvasses matters arising from the decision of the Business Premises Rent Tribunal in Nairobi BPRT Cause No. E312 of 2021. The Appellant in its Memorandum of Appeal and in its Written Submissions has raised Section 14 of the Landlord and Tenant (Shops, Hotels, & Catering Establishments) Act, as well as Section 77(1) of the Land Act; which are both matters outside of the jurisdiction of the High Court as they are matters reserved for the Environment and Land Court.
My position is buttressed by the fact that the Appellant’s Written Submissions dated 11th June, 2024 make clear that the dispute brought before the High Court is one over controlled tenancy.
Consequently, I find that the Appeal herein is incompetent for the reason that it was filed in a Court that does not have the requisite jurisdiction to hear and determine the case. I strike-out this Appeal for want of jurisdiction and I close this Court File.
The Ruling dated 22nd May 2023 canvasses matters arising from the decision of the Business Premises Rent Tribunal in Nairobi BPRT Cause No. E312 of 2021. The Appellant in its Memorandum of Appeal and in its Written Submissions has raised Section 14 of the Landlord and Tenant (Shops, Hotels, & Catering Establishments) Act, as well as Section 77(1) of the Land Act; which are both matters outside of the jurisdiction of the High Court as they are matters reserved for the Environment and Land Court.
My position is buttressed by the fact that the Appellant’s Written Submissions dated 11th June, 2024 make clear that the dispute brought before the High Court is one over controlled tenancy.
Consequently, I find that the Appeal herein is incompetent for the reason that it was filed in a Court that does not have the requisite jurisdiction to hear and determine the case. I strike-out this Appeal for want of jurisdiction and I close this Court File.