Tymster Motors Limited v Adsite Limited & another (Miscellaneous Application E040 of 2025) [2025] KEELC 4512 (KLR) (8 April 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4512
- Citation
- [2025] KEELC 4512 (KLR)
- Decided
- 8 April 2025
Summary at a glance
TypeMiscellaneous ApplicationPostureApplication for leave to file an appeal out of timeCoramJG KEMEI
The application is allowed
Facts
Tymster Motors Limited seeks leave to file an appeal out of time against the Business Premises Rent Tribunal's decision dated 17/1/25. The 1st Respondent, Adsite Limited, erected a billboard on the property owned by Tymster Motors Limited.
Issues
- Whether the affidavit sworn by the applicant's counsel is improper
- Whether the applicant is deserving of leave to file an appeal out of time
Reasoning
The delay in filing the application was explained by the delay in obtaining the ruling. The Court considers the application to be timely and grants leave to file the appeal.
Outcome
The application is allowed
Orders
- The costs of this application shall abide the outcome of the appeal
Authorities cited
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