Brookside Pearl Limited v Verhoef & another (Civil Application E418 of 2024) [2025] KECA 283 (KLR) (21 February 2025) (Ruling)

Facts

Brookside Pearl Limited entered into a sale agreement with Alexander Julius Valentinijn Verhoef for the sale of apartment No. 84 in Brookside Pearl Apartments. The funds for the sale were to be paid directly to Brookside Pearl Limited, but Verhoef paid the funds to Hass Consult Limited, which withheld the funds on the basis of a lien.

Issues

1. Whether the applicant is deserving of leave to file an appeal out of time
2. Whether the trial court erred in dismissing the 1st respondent's case against the 2nd respondent but rendering judgment against the applicant

Reasoning

The court finds the delay acceptable and explains that the applicant has filed two applications before the trial court, which the court considers not indicative of indolence. The court also notes that the question of the trial court's error merits further inquiry.

Outcome

Leave granted to file the memorandum and record of appeal within 30 days from the date of the ruling.