Makiyi Properties Limited v Salvation Healing Ministries (Environment and Land Appeal E089 of 2025) [2026] KEELC 1695 (KLR)
The bottom line
#A Nairobi court refused to pause execution of a rent tribunal ruling because the attached goods had already been collected, but confirmed the appeal itself was filed on time.
What this practically means
#Executive summary
#Key legal issues
#Whether there is a competent appeal before the court given the alleged out-of-time filing
The appeal was competent as it was filed within the statutory 30-day period.
The court applied Section 79G of the Civil Procedure Act and Section 16A of the Environment and Land Court Act. The impugned Ruling was delivered on 17/4/2025 and the Memorandum of Appeal was filed on 19/5/2025 - twenty-eight days after delivery when the Easter and Labour Day holidays are excluded. No leave to file out of time was therefore necessary, and the preliminary objection on competency failed.
Whether stay of execution pending appeal was merited
Stay was refused because the applicant failed to demonstrate substantial loss.
Relying on Order 42 rule 6 and authorities including Butt v Rent Restriction Tribunal, RWW v EKW and James Wangalwa & Another v Agnes Naliaka Cheseto, the court held that substantial loss is the cornerstone of a stay application and the conditions are conjunctive. Since the Respondent had already collected the attached goods from the Auctioneers, execution had effectively been carried out and no significant loss likely to prejudice the appeal was shown, rendering the application unmerited.
Costs of the application and preliminary objection
No order as to costs was made.
Having found both the Appellant's application and the Respondent's preliminary objection unmerited, the court dismissed both and exercised its discretion to order that there be no order as to costs, so each party bears their own costs of the interlocutory application.
Legal principles established
#- An appeal from a subordinate court to the High Court must be filed within 30 days of the decree or order appealed against, excluding time certified for preparation of the copy of the decree or order.
- The three conditions for granting a stay of execution pending appeal under Order 42 rule 6 - substantial loss, application without undue delay, and security - must be met simultaneously as they are conjunctive.
- Execution having been levied and completed does not by itself amount to substantial loss; the applicant must establish factors showing execution will irreparably affect or negate the essential core of the applicant as the successful party in the appeal.
Court orders
#- 1.The Appellant's application dated 27/5/2025 is dismissed.
- 2.The Respondent's Preliminary Objection dated 23/6/2025 is dismissed.
- 3.No order as to costs.
- On appeal from
- Business Premises Rent Tribunal (Nairobi BPRT Case No. E572 of 2024)
- Nairobi BPRT Case No. E572 of 2024
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act; Order 42 rule 6 and Order 51 of the Civil Procedure Rules, 2010; Section 16A of the Environment and Land Court Act; Section 79G of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Makiyi Properties Limited v Salvation Healing Ministries (Environment and Land Appeal E089 of 2025) [2026] KEELC 1695 (KLR)", Case Analysis (2026). Nairobi BPRT Case No. E572 of 2024 (Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1695/eng@2026-03-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.