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ELCDismissedNotice of Motion dated 21.1.2022 (appeal from Business Premises Rent Tribunal Case No. E322 of 2021)· [2022] KEELC 3547 (KLR)

Vector Projects Limited & another v Sweetland Holdings Limited (Environment and Land Appeal E003 of 2022) [2022] KEELC 3547 (KLR)

High Court of Kenya
12 May 2022
LMLUCY N. MBUGUA
880 words in judgment
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The bottom line

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The High Court refused to pause the rent tribunal's orders because the tenant showed no real effort to comply with them.

What this practically means

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Executive summary

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The Applicant, Vector Projects, a tenant, filed a reference before the Business Premises Rent Tribunal (BPRT Case No. E322 of 2021) claiming the landlord had locked it out and increased rent. By a ruling dated 7 January 2022, the tribunal found the contract frustrated, found the tenant had padlocked the premises while the landlord had welded them, and ordered the tenant to remove his padlocks and goods. The tenant filed an appeal to this court together with a Notice of Motion dated 21 January 2022 seeking stay of execution of the tribunal's orders pending the appeal, contending the appeal had overwhelming chances of success, execution would render it nugatory, and it was ready to provide security. The Respondent opposed by replying affidavit dated 21 February 2022, asserting the applicant had already removed its goods, rendering the application academic and moot. Applying Order 42 Rule 6 of the Civil Procedure Rules and the Loice Khachendi Onyango decision, the court held the applicant had failed to demonstrate sufficient cause: the applicant had itself locked the premises, its response of 31 January 2022 gave no tangible information on how and when it would comply or collect its goods, and no clear rejoinder was made at the oral hearing of 23 February 2022. The tribunal's finding that unauthorised iron sheet structures had caused massive leakage also meant a stay would not have been tenable even had the goods remained. The motion was dismissed with costs to the Respondent.

Key legal issues

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01

Whether sufficient cause was shown to warrant a stay of execution pending appeal

Holding

No sufficient cause was established; the applicant had itself locked the premises, gave no tangible response on how and when it would comply with the tribunal orders, and the goods had been removed

Reasoning

The tribunal had found both parties had locked the premises, so the applicant bore the burden of showing efforts to comply with the 7.1.2022 orders. Its letter of 31.1.2022 lacked tangible information on compliance, and no clear rejoinder was made at the oral hearing. Structural alterations on the roof also meant a stay would not have been tenable even if the goods remained.

p. 2

Legal principles established

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  • Stay of execution pending appeal is discretionary and must be exercised judiciously upon the three pre-requisites in Order 42 Rule 6 of the Civil Procedure Rules

Court orders

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  1. 1.The application dated 21.1.2022 is dismissed
  2. 2.Costs to the Respondent

Authorities

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Legislation

  • Civil Procedure RulesOrder 42 Rule 6

Cases cited (1)

  • Loice Khachendi Onyango v Alex Inyangu & another
    [2017] eKLR
On appeal from
Business Premises Rent Tribunal
E322 of 2021
Jurisdiction invoked
Appellate jurisdiction over the Business Premises Rent Tribunal; relief governed by Order 42 Rule 6 of the Civil Procedure Rules

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, "Vector Projects Limited & another v Sweetland Holdings Limited (Environment and Land Appeal E003 of 2022) [2022] KEELC 3547 (KLR)", Case Analysis (2022). Notice of Motion dated 21.1.2022 (appeal from Business Premises Rent Tribunal Case No. E322 of 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3547/eng@2022-05-12

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.