A Kenyan tribunal dismissed a tenant's lawsuit against its landlord on Sunday after ruling that flooding constituted an act of God rather than landlord negligence. Nova Innovators Limited successfully defended against claims by Davani Group Limited, which alleged unfair termination and sought compensation for damaged stock and investments after heavy rains flooded the premises in July 2024.
Tribunal Chair Gakuhi Chege determined the landlord lawfully seized goods under the Distress for Rent Act to recover admitted arrears. The court found Davani Group failed to prove its damage claims with receipts, invoices, or valuation reports despite submitting photographs and video evidence. The tenant could not demonstrate any landlord action or negligence that caused the water damage.
The tribunal applied the principle that extraordinary natural events beyond reasonable control qualify as force majeure under Kenyan law. Auctioneers joined as interested parties were absolved of liability after the court ruled they properly executed lawful instructions. The tenant must pay costs to both the landlord and auctioneers after losing all claims.
Tribunal Chair Gakuhi Chege determined the landlord lawfully seized goods under the Distress for Rent Act to recover admitted arrears. The court found Davani Group failed to prove its damage claims with receipts, invoices, or valuation reports despite submitting photographs and video evidence. The tenant could not demonstrate any landlord action or negligence that caused the water damage.
The tribunal applied the principle that extraordinary natural events beyond reasonable control qualify as force majeure under Kenyan law. Auctioneers joined as interested parties were absolved of liability after the court ruled they properly executed lawful instructions. The tenant must pay costs to both the landlord and auctioneers after losing all claims.
