Landlord and Tenant-composition of Rent Control Board immaterial if no failure of natural justice-claim by tenant to be under Ordinance--estoppel tenancy of employee-vacant possession.
Case summary
The landlord company applied to the Central Rent Control Board for possession of premises which were required to house one of its employees. The premises had been acquired by the landlord company from another company and the then occupier, an employee of the vendor company, was absorbed into the employment of the landlord company.
Later, the premises were let to the tenant, who was the respondent to the application before the Rent Control Board. After the hearing before the Board had commenced, certain amendments were allowed to be made to the application, and during the hearing there was a change in the composition of the Board. Possession was given by the Board to the landlord company.
Held (10th August 1956):
Where the composition of the Board changes during the taking of evidence, the Appellate Court will not interfere if there is no failure in natural justice.
If the tenant claims by letter to be protected by the Increase of Rent (Restriction) Ordinance, 1949, there is an estoppel between the parties, and the tenancy becomes a statutory one.
Occupation, rent-free, of the premises by a whole time employee of the company (dependent on his continued employment) is not a tenancy under the Ordinance and is equivalent to vacant possession.
There being no formal procedure laid down by which a Board’s proceedings should be governed, there was no irregularity in the action of the Board in allowing amendment of the application before it.
Cases cited: Meghji Karam v. Karamshi Devraj (Civ. App. No. 738/1952); Karman Devraj v. Manibhai Ishverbhai Patel (1955) 28 K.L.R. 143; Joseph v. Joseph (1948) 117 L.J.R. 513; Nasibchand v. Govindlal Khemraj (Civ. App. No. 90/1955); Harnam Singh v. Jamal Pirbhai (1951) A.C. 688.
Counsel:
Bhandari for the appellant.
Keith for the respondent.
Reported by:
R. H. Lownie, Resident Magistrate, Nairobi.
