Gee Tee & Sons Limited v Lydia Wanjue Mwangi [2022] KEELC 1879 (KLR)
The bottom line
#Kenya's Environment and Land Court allowed a landlord four extra months' COVID-19 delay to appeal a Tribunal rent order, confirming pandemic closures excuse missed deadlines.
What this practically means
#Executive summary
#Key legal issues
#Locus standi of the applicant
The applicant, as the party sued and aggrieved by the Tribunal's orders, has locus standi to challenge those orders even though it is not an administrator of the deceased registered proprietor's estate
The respondent sued the applicant in the BPRT about eight years after the death of George Thuo Njuguna and procured orders against the applicant in March 2020 despite knowing the applicant was not an administrator of the estate. The court reasoned that if the applicant lacked locus it should not have been sued in the first place, and that the applicant, as the sued and aggrieved party, could initiate proceedings to challenge the impugned orders.
Extension of time to lodge an appeal
The applicant satisfied the Salat criteria: the reasons for the four-month delay (COVID-19 court closures and cessation of movement) were bona fide and the delay was not inordinate, and there was an arguable appeal
The court applied the principles in Salat and the factors in Leo Sila Mutiso. It found the nationwide shutdown of courts from 16/3/2020 and the cessation of movement into and out of Nairobi and Kiambu Counties fully explained the delay. The circumstances surrounding the ex-parte Tribunal proceedings suggested an arguable appeal, and no prejudice to the respondent was demonstrated.
Legal principles established
#- Extension of time is an equitable remedy available only to a deserving party at the discretion of the court, and the applicant bears the burden of laying a basis to the satisfaction of the court
- Delay occasioned by the nationwide closure of courts during the COVID-19 pandemic is bona fide and not inordinate
Court orders
#- 1.The time for lodging an appeal against the decision of the Business Premises Rent Tribunal in Tribunal Case No. 83 of 2018; Lydia Wanjue Mwangi v Gee Tee & Sons Ltd is enlarged by fourteen (14) days from 17/1/2022
- 2.Each party to bear their respective costs of the application, because the delay was caused by the nation-wide closure of courts and tribunals in response to the COVID-19 pandemic
- On appeal from
- Business Premises Rent Tribunal
- BPRT Case No. 83 of 2018
- Jurisdiction invoked
- Inherent jurisdiction to enlarge time within which to lodge an appeal (the court expressly held Rule 4 of the Court of Appeal Rules inapplicable)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gee Tee & Sons Limited v Lydia Wanjue Mwangi [2022] KEELC 1879 (KLR)", Case Analysis (2022). Miscellaneous Application (Notice of Motion dated 22/6/2020) arising from BPRT Case No. 83 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1879/eng@2022-01-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.