Macharia t/a Sky Park Restaurant v Zaverchand Punja Warehouses Ltd (Environment and Land Miscellaneous Case E005 of 2026) [2026] KEELC 1915 (KLR)
The bottom line
#The Environment and Land Court dismissed a restaurant owner's bid to appeal late, ruling that illness did not excuse missing the appeal deadline.
What this practically means
#Executive summary
#Key legal issues
#Whether illness and medical travel abroad constituted sufficient cause for the delay in filing the appeal
The court held the sickness was not shown to have prevented the filing of the appeal, since the applicant was discharged before the ruling was delivered and had returned from China before the ruling date, and no Chinese medical records were annexed.
The ruling was delivered on 8th December 2025. The applicant was discharged on 24th October 2025 and, on his own visa, left China on 29th November 2025 — both dates preceding the ruling. The applicant did not attach medical documents from the hospital in China. The documentary evidence was therefore not in sync with the alleged reason for delay, and the explanation failed.
Whether the intended appeal was arguable on the claimed lack of Tribunal jurisdiction
Not determined on the merits; the application failed on the sufficiency of the explanation for delay, and the respondent argued the jurisdictional issue was never before the Tribunal and that the BPRT under Cap 301 is distinct from the Rent Restriction Tribunal under Cap 296.
The respondent pointed out that the impugned ruling was on a review application concerning rent reassessment, not jurisdiction, and that the Business Premises Rent Tribunal is created under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301), a distinct institution from the Rent Restriction Tribunal under the Rent Restriction Act (Cap 296). The court did not reach this issue, dismissing the application on the delay ground.
Legal principles established
#- Before a court considers extension of time, the applicant must satisfy the court that he has good and sufficient cause for filing the appeal out of time.
- In exercising the discretion to extend time the court must act on reasons, considering the length of delay, the reason for the delay, the chances of the appeal succeeding and the prejudice to the respondent.
Court orders
#- 1.The application seeking leave to appeal out of time, vacation/setting aside of the Tribunal's orders and stay of execution is dismissed
- On appeal from
- Business Premises Rent Tribunal (referred to by the applicant as the Rent Restriction Tribunal)
- Msa BPRT/E136/2025 (consolidated with BPRT 196 of 2025)
- Jurisdiction invoked
- Section 79G of the Civil Procedure Act; Order 50 Rule 6 and Order 42 Rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Macharia t/a Sky Park Restaurant v Zaverchand Punja Warehouses Ltd (Environment and Land Miscellaneous Case E005 of 2026) [2026] KEELC 1915 (KLR)", Case Analysis (2026). Not stated in the judgment text. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1915/eng@2026-03-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.