Pwani Breeze Limited v African Inland Church Tudor (Environment & Land Miscellaneous Case 12 of 2023) [2023] KEELC 18092 (KLR) (21 June 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 18092
- Citation
- [2023] KEELC 18092 (KLR)
- Decided
- 21 June 2023
The court finds that the application for appeal out of time is valid, but the application for stay of execution is denied.
Facts
The applicant, Pwani Breeze Limited, had stayed in the respondent's premises for over 25 years and made significant investments, including a perimeter wall. The respondent filed a suit over the termination of the lease, and the applicant's advocates applied for proceedings, ruling, and order on November 1, 2022. The ruling and order were received on January 17, 2023.
Issues
- Whether the application for appeal out of time is valid.
- Whether the application for stay of execution pending the hearing and determination of the intended appeal is granted.
Reasoning
The court considers the grounds on the application, affidavits, submissions, and relevant statutes. It finds that the delay in filing the appeal was not inordinate and that the applicant has not provided particulars of substantial loss.
Outcome
The appeal is admitted out of time, but the stay of execution is denied.
Orders
- The appeal is admitted out of time.
- The stay of execution is denied.
Authorities cited
Legislation (2)
- Environment and Land Court Act No 19 of 2011
- Civil Procedure Act Chapter 21 of Laws of Kenya
Cases cited (2)
- Paul Njage Njeru versus Dr. Karija K. Mugambi [2021] eKLR
- Vishram Dawji Harai versus Thornston & Turnphin [1990] KLR
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