Motorhub Limited v Trillium Properties (K) Limited (Environment and Land Appeal E096 of 2025) [2026] KEELC 765 (KLR)
The bottom line
#A Kenyan tenant who has already lost possession of leased premises cannot get a court injunction or stay of execution pending appeal.
What this practically means
#Executive summary
#Key legal issues
#Whether an interim injunction pending appeal was merited
Not merited; all three conditions in Giella v Cassman Brown were not met in sequence, and there was no irreparable harm compensable only by injunction since the Applicant had already lost possession.
The court applied the principles in Patricia Njeri & 3 others v National Museum of Kenya for interim injunctions pending appeal, guided by Giella v Cassman Brown. It found the Applicant a tenant on the face of the lease but noted that on 17/6/2025 the Respondent had taken possession, confirmed by the Appellant's own counsel. Damages could compensate any loss, so no irreparable injury existed and the appeal would not be rendered nugatory for want of an injunction.
Whether stay of execution pending appeal was merited
Not merited; the Applicant failed to prove substantial loss because the Respondent had already regained possession, and the conjunctive conditions under Order 42 Rule 6 were not satisfied.
The court applied Order 42 Rule 6 of the Civil Procedure Rules and the Butt v Rent Restriction Tribunal guidelines. Relying on James Wangalwa v Agnes Naliaka Cheseto, it held that substantial loss is the cornerstone and must be proved, not merely alleged. Since the Respondent had taken possession on 1/6/2025 after the High Court struck out the initial appeal for want of jurisdiction, no substantial loss would result from refusing a stay; the application was overtaken by events.
Whether the omnibus nature of the application warranted striking it out
No; though the application was repetitive and omnibus, the court had jurisdiction to grant both reliefs and proceeded to determine it on the merits.
The court noted the application was 'superfluous and an omnibus application' with repetitive prayers. Citing Denis Ahairwe v Standard Chartered Bank (U) Ltd and the Konchellah decision of the Supreme Court, it held that where a court has jurisdiction to grant all the remedies sought in an omnibus application, the application is proper and should be entertained on its merits rather than struck out.
Legal principles established
#- The conditions for granting a stay of execution pending appeal must be met simultaneously; they are conjunctive.
- No appeal operates as a stay of execution; an application for stay must be made to the court by the party seeking it.
Court orders
#- 1.The Appellant's application dated 29/5/2025 is dismissed with costs
- 2.It is so ordered
- On appeal from
- Business Premises and Rent Tribunal
- BPRT/E140/2025
- Jurisdiction invoked
- Sections 1A, 1B, 3A & 63(e) of the Civil Procedure Act and Order 42 Rule 6 of the Civil Procedure Rules; appeal from the Business Premises and Rent Tribunal
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kariuki v Gikandu & 3 others (Environment and Land Appeal E037 of 2026) [2026] KEELC 2185 (KLR)[2026] KEELC 2185 (KLR)21 Apr 2026applied
Cite this brief
#Cite this brief
Caselaw, "Motorhub Limited v Trillium Properties (K) Limited (Environment and Land Appeal E096 of 2025) [2026] KEELC 765 (KLR)", Case Analysis (2026). BPRT/E140/2025 (Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/765/eng@2026-02-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.