Refrigeration Components Limited v East African Cultural Trust & Afropress Ltd (Environment and Land Appeal E076 of 2021) [2022] KEELC 3316 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Introduction of limitation ground at submissions stage
The limitation issue could not be entertained as it was not among the grounds of appeal and was raised for the first time in submissions.
Relying on Otieno Ragot v National Bank and Kibos Sugar, the court held that additional issues or evidence on appeal require leave of the court. Having filed its memorandum of appeal on 17th September 2021, the appellant was bound by its grounds and could not introduce the limitation issue at the submissions stage.
Quantum of repair costs deductible from rent
The Tribunal correctly held the tenant entitled to defray only Kshs 1,797,934 (Kshs 3,055,167 mean repair cost less Kshs 1,257,233 restoration cost of damage caused by the tenant's contractors), not Kshs 4,296,101.
Two valuation reports (Mark & Ashton for the tenant at Kshs 3,268,868 and Archbil Consultants for the landlord at Kshs 2,841,467) supported a mean figure of Kshs 3,055,167. The consultants' bill of Kshs 1,257,233 for restoring parts damaged by the tenant's contractors, which the tenant never repaired and never challenged, was properly offset against the deduction.
Alleged bias and award of costs
No evidence of bias was found; the refusal to award costs was a proper exercise of discretion.
The court perused the entire record and the Tribunal's judgment and found no substantiation of bias. On costs, guided by United India Insurance v East African Underwriters, an appellate court will not interfere with a discretionary costs decision merely because it might have weighed the factors differently.
Legal principles established
#- On a first appeal the court must reconsider and re-evaluate the evidence and draw its own conclusions, while allowing for the trial court's advantage of seeing and hearing witnesses
- A party cannot introduce new issues or evidence on appeal at submissions stage without leave of the court
- An appellate court will not interfere with a discretionary decision merely because it would have exercised the discretion differently
Court orders
#- 1.Appeal dismissed
- 2.Each party to equally bear their own costs of the Appeal
- On appeal from
- Business Rent Tribunal
- Jurisdiction invoked
- First appellate jurisdiction over the Business Rent Tribunal under the Landlord and Tenant (Business Premises) Act, Cap 301
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Refrigeration Components Limited v East African Cultural Trust & Afropress Ltd (Environment and Land Appeal E076 of 2021) [2022] KEELC 3316 (KLR)", Case Analysis (2022). Memorandum of Appeal dated 17th September 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3316/eng@2022-06-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.