Teleposta Pension Scheme Registered Trustees v Wataari & 11 others (Environment and Land Case Civil Suit E134 of 2021) [2025] KEELC 6417 (KLR)
The bottom line
#Kenya's Environment and Land Court reversed its own judgment after injunctions were lifted, giving apartment occupants 180 days to vacate.
What this practically means
#Executive summary
#Key legal issues
#Whether the application for review met the threshold under Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules
The application met the threshold: the Court of Appeal judgment of 6th October 2023 vacating the injunctive orders constituted new and important matter discovered after the earlier judgment, filed without unreasonable delay, and amounted to sufficient cause for review.
The court applied the principles in Mzee Wanjie & 93 Others v A.K. Sakwa on review based on new and important matters. The Court of Appeal decision of 6th October 2023 post-dated this court's judgment of 6th July 2023 and could not have been produced earlier. The application was filed six days later, satisfying the 'without unreasonable delay' requirement. Since the earlier dismissal rested largely on the now-discharged injunctions, sufficient cause existed to reconsider and allow the suit, entitling the plaintiff to vacant possession with 180 days for humane relocation.
Legal principles established
#- An appeal does not amount to an automatic stay of execution unless a formal stay is granted
- Discharge of injunctive orders on which a prior judgment was premised constitutes sufficient cause for review, where the discharge could not have been produced at the time of the earlier decision
Court orders
#- 1.Review of the judgment of 6th July 2023 dismissing the plaintiff's suit is allowed and judgment entered for the plaintiff against the defendants jointly and severally
- 2.Defendants ordered to give vacant possession and/or vacate Apartment 3B, 5A, 7A, 9A, 1B, 2B, 5B, 6B, 7B, 9B and 4A within 180 days, in default of which an order for eviction is to issue
- 3.The Officer Commanding Station - Kileleshwa Police Station is to enforce the order
- 4.Each party to bear their own costs
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act as read with Order 45 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Teleposta Pension Scheme Registered Trustees v Wataari & 11 others (Environment and Land Case Civil Suit E134 of 2021) [2025] KEELC 6417 (KLR)", Case Analysis (2025). Not stated in the judgment (original suit number not reproduced). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6417/eng@2025-01-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.