Ephamils Enterprises Limited & another v Estate of Karugu Guandai; Mburu (Intended Interested Party) (Environment and Land Appeal E132 of 2024) [2025] KEELC 6338 (KLR)
The bottom line
#The Environment and Land Court refused to pause a tribunal eviction ruling because the tenants brought no evidence of the harm or losses they claimed.
What this practically means
#Executive summary
#Key legal issues
#Whether stay of execution pending appeal was warranted
Stay refused because the applicants failed to establish substantial loss or diligence
The applicants claimed they would lose developments on the suit property if evicted but attached no evidence of those developments. They did not attach the lower court proceedings or the impugned judgment, and did not controvert the averment of rent arrears, focusing only on the issue of which grant holder had capacity. The court, applying the overriding objective, found they failed to present the facts needed to justify the exercise of discretion in their favour.
Whether Mary Njeri Mburu should be enjoined as an interested party
Refused as unnecessary since she was already the counterpart in the Tribunal proceedings and had responded to the application
The applicants filed the Tribunal reference in response to the notice of termination issued by Mary Njeri Mburu, so she is the party they have dealt with throughout. She also filed the replying affidavit to this application, making joinder as an interested party pointless. The court found the prayer difficult to understand and declined it.
Legal principles established
#- An application for stay pending appeal under Order 42 rule 6 requires sufficient cause, substantial loss, security, and making the application without unreasonable delay
Court orders
#- 1.The application dated 13th September 2024 (as amended on 21st January 2025) is dismissed
- 2.Costs to abide the outcome of the appeal
- On appeal from
- Business Premises Rent Tribunal (BPRT)
- BPRT E775 consolidated with BPRT E772
- Jurisdiction invoked
- Order 42 rule 6 of the Civil Procedure Rules (stay pending appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ephamils Enterprises Limited & another v Estate of Karugu Guandai; Mburu (Intended Interested Party) (Environment and Land Appeal E132 of 2024) [2025] KEELC 6338 (KLR)", Case Analysis (2025). Not stated in judgment (arising from BPRT E775 consolidated with BPRT E772). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6338/eng@2025-06-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.