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Case Brief · caselaw.co.ke
ELCDismissedELC Civil Appeal No. 56 of 2021· [2026] KEELC 6205 (KLR)

Ess Pee Investment v Degisat Services Limited

Environment and Land Court
24 September 2026
1,760 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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A Mombasa court refused to review a landlord-tenant judgment, confirming that losing parties cannot use review to relitigate legal arguments they simply disagree with.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Mombasa (J.O. Olola, J) on a Notice of Motion dated 12th August 2025 by Degisat TV Services Ltd, the Tenant/Applicant, seeking review and setting aside of the judgment delivered on 31st January 2025 by Justice L.L. Naikuni in the appeal. The applicant argued there was an error apparent on the face of the record: the court had found a controlled tenancy under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act and that the termination notice contravened Section 4, yet still dismissed the tenant's case; it also complained that the demand for rent arrears was unconscionable and that the Record of Appeal omitted crucial Tribunal pleadings. The Landlord/Respondent, Ess Pee Investment, opposed, citing unexplained delay and asserting the application was an afterthought designed to deny it the fruits of judgment. The court applied Section 80 of the Civil Procedure Act and Order 45 Rule 1, and the authorities in Republic v Public Procurement Administrative Review Board and National Bank of Kenya v Ndung'u Njau. It held that the alleged error was not self-evident because the judgment had considered the tenant's rent default and eviction in addition to the defective notice, and that disagreement with the court's exposition of law cannot ground review. The seven-month delay was also unexplained, as the current advocates were on record before judgment. The application was dismissed with costs to the Respondent.

Key legal issues

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01

Whether the alleged error apparent on the face of the record justified review

Holding

No - the judgment under review considered matters beyond the form of the notice, including the tenant's rent default and eviction, so the alleged error was not self-evident

Reasoning

The court noted that although Justice Naikuni found a controlled tenancy and a defective notice, paragraph 45 of the judgment shows the termination was also justified on the tenant's rent default and the fact that the tenant had already been evicted and a new tenant installed. Disagreement with the court's legal exposition or conclusion is not a ground for review.

p. 10
02

Whether the application was filed without unreasonable delay

Holding

No - the seven-month delay was unexplained because the current advocates were on record before judgment was delivered

Reasoning

The applicant attributed the delay to the indisposition of its previous advocate, but the court found that Messrs Wameyo Onyango & Associates came on record before judgment and Mr. Wameyo was present when judgment was delivered on 31st January 2025, so the explanation was untenable.

p. 7

Legal principles established

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  • Review is limited to the grounds in Order 45: discovery of new and important matter, error apparent on the face of the record, or any other sufficient reason, and must be made without unreasonable delay
  • An error apparent on the face of the record must be self-evident; an incorrect exposition of law or misconstruction of a statute is not a ground for review

Court orders

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  1. 1.The Notice of Motion dated 12th August 2025 as amended on 3rd March 2026 is dismissed
  2. 2.Costs of the application to the Respondent
On appeal from
Business Premises Rent Tribunal
Jurisdiction invoked
Section 80 of the Civil Procedure Act, Cap. 21 and Order 45 Rule 1 of the Civil Procedure Rules, 2010 (review of judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ess Pee Investment v Degisat Services Limited", Case Analysis (2026). ELC Civil Appeal No. 56 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6205/eng@2026-09-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.