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ELCDismissedNotice of Motion dated 21st November 2024 (Mombasa Business Premises Rent Tribunal Case No. 225 of 2023 appeal)· [2025] KEELC 4206 (KLR)

Miyanji & another v Unity Auto Tyre Enteprises (Environment & Land Miscellaneous Case E090 of 2024) [2025] KEELC 4206 (KLR)

Environment and Land Court
4 June 2025
SKS. M. Kibunja
1,571 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Mombasa court refused to forgive an eleven-month delay in filing an appeal because the applicants offered vague medical excuses and no supporting evidence.

What this practically means

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Executive summary

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The applicants moved the Environment and Land Court at Mombasa by notice of motion dated 21st November 2024 seeking leave to appeal out of time against the ruling of the Mombasa Business Premises Rent Tribunal (Case No. 225 of 2023) delivered on 27th November 2023. The 2nd applicant, Yasin Abdulla Minyanji, deponed that he fell ill after the ruling and travelled to the United Kingdom for treatment, preventing instructions being given before the statutory period lapsed on 27th December 2023. The respondent opposed, citing inordinate delay and lack of merit in the intended appeal. The court identified two issues: whether a reasonable case for extension of time was made and costs. The applicants relied on section 79G of the Civil Procedure Act and Charles N. Ngugu v ASL Credit Limited; the respondent relied on section 15(1) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act and the Salat principles. Examining the medical note and air tickets, the court found no explanation for the delay before the 2nd applicant's admission on 16th December 2023, no evidence his condition worsened after discharge on 10th January 2024, no proof the UK travel was medical, and no disclosure of his return date. Applying Salat, the eleven-month delay was inordinate and unexplained; the applicants failed to merit the equitable remedy. The parties could still litigate their disputes in the pending Mombasa BPRT No. E176 of 2023 reference. The motion was struck out with costs to the respondent under section 27 of the Civil Procedure Act.

Key legal issues

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01

Whether the applicants made out a case for extension of time to appeal

Holding

The application was struck out because the eleven-month delay was inordinate and unexplained

Reasoning

The court applied the Salat principles. The medical note showed the 2nd applicant was discharged on 10th January 2024 having stabilised, yet no explanation was given for the period before admission or between discharge and travel, no evidence showed the UK travel was for treatment, and no return date was disclosed. The applicants also had an alternative pending reference (Mombasa BPRT No. E176 of 2023) in which to canvass their issues.

p. 4

Legal principles established

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  • Extension of time is an equitable remedy available only to a deserving party where the delay is explained to the satisfaction of the court

Court orders

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  1. 1.That the notice of motion dated the 21st November 2024 and filed on 26th November 2024 is without merit.
  2. 2.That the said application is hereby struck out with costs.

Authorities

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Legislation

  • Civil Procedure Actsection 79G
  • Landlord and Tenant (Shops, Hotels and Catering Establishments) Actsection 15(1)
  • Civil Procedure Actsection 27

Cases cited (2)

  • Charles N. Ngugu versus ASL Credit Limited
    [2022] eKLR
  • Nicholas Kiptoo Korir arap Salat versus IEBC & 7 Others
    [2014] eKLR
On appeal from
Mombasa Business Premises Rent Tribunal
225 of 2023
Jurisdiction invoked
Section 15(1), Landlord and Tenant (Shops, Hotels and Catering Establishments) Act - extension of time to appeal to the Environment and Land Court

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, "Miyanji & another v Unity Auto Tyre Enteprises (Environment & Land Miscellaneous Case E090 of 2024) [2025] KEELC 4206 (KLR)", Case Analysis (2025). Notice of Motion dated 21st November 2024 (Mombasa Business Premises Rent Tribunal Case No. 225 of 2023 appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4206/eng@2025-06-04

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