Jurisdictional Conundrum: A Critical Analysis of recent judgements on rental claims

Property & Real Estate

The recent judgments of Justice D. S. Majanja in Civil Appeal No. E036 of 2022 and Justice Namisi in Civil Appeal E009 of 2022 have sparked significant debate in the legal world and rental market. The two judgments have shed light on the jurisdictional limitations of the Small Claims Court over rental claims in Kenya. This article will analyze the judgments and provide insight on the way forward.

In Christoffersen v Kavneet Kaur Sehmi T/A The Random Shop (Civil Appeal No. E036 OF 2022), the High Court observed that a claim before the Small Claims court must fit into any of the five categories of cases enumerated in section 12 (1) of the Small Claims Court Act, 2016. It held that a claim for rent arrears does not fall within the jurisdiction of the Small Claims Court, as it does not fit into any of the five categories of claims enumerated under Section 12(1) of the Small Claims Court Act. Justice Majanja emphasized that the court’s jurisdiction is strictly limited to the statute and that a court cannot “exercise jurisdiction exceeding that which is conferred upon it by law.” This finding effectively means that rent-related claims ought to be dealt with by the Environment and Land Court.

In Michelle Muhanda v LP Holdings Ltd (Civil Appeal No. E256 of 2023), Justice Namisi observed that a claim for rent and arrears is distinct from that of breach of contract relating to rent deposits. The court found that that the small claims court has jurisdiction to hear the appellant’s claim for refund of rent deposit as the claim relates to a contract for money held and received, which falls within the ambit of section 12 (1) of the Small Claims Court Act. The decision has cleared the way for tenants to take landlords to the Small Claims Court and claim their deposits upon relocating, and all proceedings shall be heard and determined on the same day or on a day-to-day basis until the final determination of the matter, which shall be within 60 days from the date of filing the claim.

Way Forward

In light of these judgments, several recommendations can be made:

  1. Legislative Review: The Small Claims Court Act, 2016 should be reviewed to clarify the court’s jurisdiction and provide guidance on the types of claims that can be entertained.
  2. Proper Pleadings: Parties must ensure that their claims are properly pleaded and fall within the jurisdiction of the appropriate court.
  3. Forum Shopping: Parties should avoid forum shopping and select the appropriate court based on the nature of their claim.

In conclusion, the judgments serve as a timely reminder of the importance of jurisdictional competence in the administration of justice.

The information provided in this article is for general informational purposes only and does not constitute legal advice. For bespoke legal advice tailored to your specific circumstances, please connect with your relationship partner or a qualified legal professional. For further information, please email faith.wamuyu@attorneysafrica.com