Ondicho v Angwenyi & another (Environment and Land Miscellaneous Case 10 of 2023) [2024] KEELC 5641 (KLR) (24 July 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5641
- Citation
- [2024] KEELC 5641 (KLR)
- Decided
- 24 July 2024
The court dismisses the application to file an appeal out of time, as the applicant's delay was due to illness and he has alternative remedies available to him.
Facts
The applicant, Jim Kennedy Ondicho, was a tenant of the 1st respondent, John Angwenyi, in Kisii Municipality/Block III/262. He paid rent but the 2nd respondent, Joseph Nyachoti, seized his motor vehicle registration number KAT 969T. The 1st respondent issued a termination notice, which the applicant claims was not served. The 1st respondent then filed an application before the Business Premises Tribunal, which issued an order for eviction.
Issues
- Whether the applicant can file an appeal out of time
- Whether the appeal is arguable
- Whether there are alternative remedies available to the applicant
Reasoning
The court considers the reasons for the delay, the period of delay, and the availability of alternative remedies. The court finds that the applicant's delay was due to illness and that he has alternative remedies available to him, such as moving the tribunal to set aside the ex parte order and have the Landlord's notice heard inter partes.
Outcome
Application dismissed
Orders
- Order dismissing the application to file an appeal out of time
Remedies
- Set aside the order of the Business Premises Tribunal and direct that the Landlord's application be heard inter partes by the tribunal
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