Joseph Mwalukuku v Kenya Ports Authority [2020] KEELC 1750 (KLR)
- Court
- Environment & Land Court
- Case number
- 1750
- Citation
- [2020] KEELC 1750 (KLR)
- Decided
- 11 March 2020
The court finds that the applicant has no right of appeal to the court of appeal in this matter which emanated from a decision of the Tribunal.
Facts
The Appellant/Applicant seeks stay of execution of the judgment delivered by the court on 5th December, 2018 pending the hearing and determination of the application and for leave to file an appeal out of time against the said judgment.
Issues
- Whether the court has jurisdiction to grant the leave sought to file appeal out of time.
- Whether the judgment is final and not subject to further appeal.
Reasoning
The court considers Section 15 of the Landlord and Tenants (Shops, Hotels and Catering Establishments) Act Cap 301 and the decisions of the Court of Appeal in Ramadhan Mohamed Ali and Premchand Nathu & Co Ltd & 4 Others –v- Kariuki, finding that the decision of the High Court is final and not subject to further appeal.
Outcome
The Notice of Motion dated 31st January 2019 is without merit and dismissed with costs to the respondent.
Orders
- The application is dismissed with costs to the respondent.
Authorities cited
Legislation (2)
- Landlord and Tenants (Shops, Hotels and Catering Establishments) Act Cap 301
- Civil Procedure Act
Cases cited (2)
- Ramadhan Mohamed Ali –v- Hashim Salim Ghanim (2016) eKLR
- Premchand Nathu & Co Ltd & 4 Others –v- Kariuki (1990) eKLR
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