BY SAM ALFAN.
The High Court has ruled that the newly established Small Claims Court does not have capacity to determine rent disputes.
While dismissing an appeal filed by a landlord against a tenant who sought rent arrears of Sh1 million, Justice David Majanja ruled that the High Court lacks jurisdiction to entertain a claim for rent and rent areas.
The judge said the case ought to have been filed before the Environment and Land court and not the SCC.
“I am constrained to allow the appeal on to the extent that the order of subordinate court is substituted with an order that the claim be and is hereby struck out. However, since the court raised the issue of jurisdiction on its own motion,” ruled Majanja.
The Judge said it was clear that a claim for rent does not fall within the spare of “money held and received” as the landlord in a claim for rent arrears does not hold any money that is due to a tenant.
He added that a claim for rent does not give rise to tortious liability or a claim for compensation for injuries.
“I therefore find and hold that a claim for rent or rent arrears is outside jurisdiction of the small claims court and ought not to have been entertained,” ruled Majanja..
The appeal was filed by Lisa Kristine Christoffersen after her claim for payment of Sh1 million against Kavneet Kaur Shehmi, who owns The Random shop, for rent arrears was dismissed by the SCC.
She then moved to the High Court but Justice MAjanja dismissed the case saying the High Court does not have the jurisdiction to hear the case.
She claimed that Shehmi rented her house in Muthaiga on 6th December last year, for monthly rent of Sh150,000.
Lisa further said the tenant rented the house for a period of six months but failed to pay rent of Sh900,000. Through a WhatsApp message on May 31, 2021 , she admitted owing Sh1 million and promised to pay.
But Kavneet denied she owed the amount claimed and urged the court to dismiss the claim.
