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ELCPartially AllowedMiscellaneous Application (Notice of Motion dated 22/6/2020) arising from BPRT Case No. 83 of 2018· [2022] KEELC 1879 (KLR)

Gee Tee & Sons Limited v Lydia Wanjue Mwangi [2022] KEELC 1879 (KLR)

Environment and Land Court
17 January 2022
2,041 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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Gee Tee & Sons Ltd, the applicant, sought an order enlarging time to appeal against a decision of the Business Premises Rent Tribunal of 6/3/2020 in BPRT Case No. 83 of 2018, in which the Tribunal fixed monthly rent payable at Kshs 85,000 (backdated to December 2018) following an ex-parte consideration of the respondent's rent assessment report. The applicant explained its four-month delay by reference to the nationwide closure of courts and tribunals on 16/3/2020 and the cessation of movement during the COVID-19 pandemic. The respondent opposed the application, first arguing that the applicant lacked locus standi because the suit property remained registered in the name of the deceased George Thuo Njuguna, who died in 2010, and the applicant was not an administrator of the estate. The court rejected this, holding that the applicant, having been sued and having had orders procured against it despite not being an administrator, was the aggrieved party entitled to challenge those orders. On extension of time, the court applied the Supreme Court's criteria in Salat and the factors in Leo Sila Mutiso, finding the COVID-19-related reasons bona fide and the four-month delay not inordinate, and that an arguable appeal existed. The application dated 22/6/2020 was allowed: time to lodge the appeal was enlarged by fourteen days, and, because the delay was caused by the nationwide closure of courts, each party was ordered to bear its own costs of the application.

Key legal issues

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01

Locus standi of the applicant

Holding

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

Reasoning

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.

p. 2
02

Extension of time to lodge an appeal

Holding

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

Reasoning

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.

p. 3

Legal principles established

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  • 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

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  1. 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. 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

Authorities

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Legislation

  • Court of Appeal RulesRule 4
  • Civil Procedure ActSection 27

Cases cited (2)

  • Leo Sila Mutiso v Rose Hellen Wangare Mwangi
    Civil Application NAI 255 of 1997
  • Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 Others
    [2013] eKLR
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

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Practical implications

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Frequently asked questions

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Cite this brief

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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.