Tanga Auto Limited & another v Mary Nyokabi Gakuru [2020] KEELC 3638 (KLR)
The bottom line
#The Environment and Land Court refused Kenyan tenants extra time to appeal a rent tribunal decision, blaming contradictory and unsupported explanations for their three-month delay.
What this practically means
#Executive summary
#Key legal issues
#Whether good and sufficient cause was shown for filing the appeal out of time
The court was not satisfied; the explanations of advocate mistake and misplaced files were contradictory and unsupported
Judgment was delivered on 12th April 2019 and the 30-day window under the proviso to Section 79G expired in May 2019. The application was filed on 13th June 2019. The court found the advocate-mistake explanation contradicted by the misplaced-files explanation, noted the previous lawyers were in court at delivery of judgment, and observed that no affidavit from the former advocates supported the claim.
Whether the intended appeal was arguable
No single ground raised an arguable appeal
On ground one, the Tribunal judgment showed the Chairman considered both valuers' reports. Grounds two to four failed because, per Sadhu v Vagdam, assessed rent takes effect from the effective date of the notice. The court noted that while it should not hear the appeal itself, it must state reasons why grounds are not arguable.
Whether stay of execution should issue
Not determined, as it was rendered superfluous by the refusal of leave
Stay of execution was ancillary to the intended appeal. Having found no basis for extending time, the court declined to consider the stay question, since there were no grounds supporting the appeal on which stay would be anchored.
Legal principles established
#- An appeal may be admitted out of time where the appellant shows good and sufficient cause for the delay, having regard to the explanation for the delay, the arguability of the appeal and whether the respondent can be compensated in costs
- Where new rent is assessed, it takes effect from the effective date of the notice
Court orders
#- 1.The applicants' Notice of Motion dated 13th June 2019 is dismissed with costs to the Respondent
- On appeal from
- Business Premises Rent Tribunal
- Cases No. 826 of 2012 and 827 of 2012
- Jurisdiction invoked
- Proviso to Section 79G of the Civil Procedure Act (leave to appeal out of time); Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tanga Auto Limited & another v Mary Nyokabi Gakuru [2020] KEELC 3638 (KLR)", Case Analysis (2020). ELC Appeal No. 44 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3638/eng@2020-02-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.