Smart Connections E.A. Limited & 2 others v Gieto Holdings (K) Limited [2022] KEELC 1406 (KLR)
The bottom line
#Kenya's Environment and Land Court allowed a late appeal over a Covid-19 hospitalisation but refused to stop eviction where tenants proved no loss, offered no security, and delayed.
What this practically means
#Executive summary
#Key legal issues
#Leave to appeal out of time
Leave granted; the three-and-a-half-month delay was sufficiently explained by the managing director's Covid-19 illness and hospitalisation
The ruling sought to be appealed was delivered on 5.8.2021 and the application filed on 30.11.2021. The court accepted a medical report showing the managing director was diagnosed with Covid-19 and hospitalised until discharge on 21.9.2021, holding the reasons sufficient and guided by Ivita v Kyumbu.
Stay of execution pending appeal
Refused; no substantial loss shown, no security offered, and the applicants delayed until the last day of the notice to vacate
Although the respondent did not oppose the application and there was no evidence the eviction was carried out, the applicants admitted outstanding rent arrears and delayed in moving to court. Rent payments of Kshs. 121,194 and Kshs. 362,582 were received, and it was unclear what balance remained of the alleged Kshs. 1,033,673 arrears. The court found it would not be in the interest of justice to grant a stay.
Legal principles established
#- To obtain stay of execution an applicant must prove substantial loss, bring the application within reasonable time, and offer security for due performance of the decree
- For leave to appeal out of time under Section 79G of the Civil Procedure Act, the applicant must demonstrate sufficient cause for the delay and file the application timeously
Court orders
#- 1.Leave to appeal out of time granted (prayer 4); draft memorandum of appeal admitted as filed in time (prayers 5 and 6)
- 2.The appeal together with the record of appeal to be filed and served within 30 days from the date of the ruling
- 3.All other prayers to the application (including stay of execution) dismissed
- On appeal from
- Business Premises Rent Tribunal (BPRT) Meru
- BPRT Meru No. 38 of 2019
- Jurisdiction invoked
- Section 79G of the Civil Procedure Act (leave to appeal out of time); inherent jurisdiction to order stay of execution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Smart Connections E.A. Limited & 2 others v Gieto Holdings (K) Limited [2022] KEELC 1406 (KLR)", Case Analysis (2022). ELC Miscellaneous Application No. E049 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1406/eng@2022-02-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.