Cause Impact Limited v Trustees & 2 others (Environment and Land Appeal E090 of 2021) [2022] KEELC 75 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out a tenant's late appeal because it gave no good reason for the delay and hid other court cases.
What this practically means
#Executive summary
#Key legal issues
#Whether sufficient cause was shown for extending time to appeal under Section 79G of the Civil Procedure Act and Section 15 of the Landlord and Tenant Act
Leave to appeal out of time was refused because the Appellant failed to demonstrate that it took steps to obtain the signed Ruling and failed to explain how the carting away of its goods prevented timely filing
The court applied the principles in Paul Musili Wambua, County Executive of Kisumu and Vishva Stone Suppliers, requiring the length and reason for delay to be explained. It found no evidence of any request to the Tribunal for the signed Ruling, noted the attachment occurred after the Ruling, and observed that the Appellant had filed a suit in the magistrates' court after the attachment, showing it was not incapacitated. The whole period of delay had to be explained to the court's satisfaction, which was not done.
Whether the Appellant's non-disclosure of parallel proceedings and interim orders disentitled it to equitable relief
Yes. The Appellant's failure to disclose that it enjoyed interim injunctive orders from the magistrates' court while obtaining similar orders from this court amounted to bad faith
The court found that parallel proceedings were ongoing in the High Court and the magistrates' court, with the Appellant obtaining similar restraining orders in both. The existence of the magistrates' court interim orders was never disclosed in the present application. Relying on John Njue Nyaga, the court held that equity demands clean hands, and one who conceals material facts is undeserving of discretionary orders.
Whether the court could grant an injunction pending appeal over the distrained goods
No. Having declined leave to appeal out of time and struck out the appeal, there was no competent appeal to support an injunction under Order 42 Rule 6(6)
Order 42 Rule 6(6) permits the High Court in appellate jurisdiction to grant temporary injunctions provided the procedure for instituting the appeal has been complied with. Since the appeal was filed out of time without leave and was struck out, the condition precedent was absent. The court held that an injunction or stay cannot issue in a vacuum.
Legal principles established
#- Any delay in filing an appeal must be satisfactorily explained; a plausible and satisfactory explanation is the key that unlocks the court's discretionary power
- A party seeking discretionary and equitable relief must come to court with clean hands
- New issues cannot be raised by way of submissions
- An injunction or stay of execution cannot be granted in a vacuum
Court orders
#- 1.The Respondents' Notice of Motion dated 14th January 2022 is dismissed with no orders as to costs as it is moot
- 2.The Appellant's application dated 18th November 2021 is dismissed with no order as to costs
- 3.The Memorandum of Appeal filed out of time and without leave is struck out with no order as to costs
- On appeal from
- Business Premises Rent Tribunal
- Tribunal Case No. 435 of 2021
- Jurisdiction invoked
- Section 15 of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act; Sections 79G and 95 of the Civil Procedure Act; Order 50 Rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Del Valle Limited v Shah & 2 others (Environment and Land Appeal E039 of 2026) [2026] KEELC 2006 (KLR)[2026] KEELC 2006 (KLR)14 Apr 2026applied
Cite this brief
#Cite this brief
Caselaw, "Cause Impact Limited v Trustees & 2 others (Environment and Land Appeal E090 of 2021) [2022] KEELC 75 (KLR)", Case Analysis (2022). Not stated in the judgment (appeal from Business Premises Rent Tribunal Case No. 435 of 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/75/eng@2022-06-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.