Olal v Jay Jay Holdings Limited (Environment and Land Miscellaneous Application E051 of 2025) [2025] KEELC 5407 (KLR) (21 July 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5407
- Citation
- [2025] KEELC 5407 (KLR)
- Decided
- 21 July 2025
Summary at a glance
TypeMiscellaneous ApplicationPostureApplicant seeks various orders including a mandatory injunction and leave to appealCoramCG MBOGO
The applicant is granted leave to appeal out of time and the respondent is ordered to ensure compliance with Order 9 Rule 9 of the Civil Procedure if necessary
Facts
The applicant seeks to restore ownership and possession of a two-bedroom flat in Jay Jay apartments in Nairobi, pending the hearing of an appeal against a previous judgment.
Issues
- Ownership and possession of a two-bedroom flat
- Leave to appeal a previous judgment
- Temporary injunction pending appeal
Reasoning
The court grants leave to appeal due to the applicant's good and sufficient cause for the delay, considering the reasons for the delay and the prejudice to the respondent.
Outcome
The applicant is granted leave to appeal out of time and the respondent is ordered to ensure compliance with Order 9 Rule 9 of the Civil Procedure if necessary
Orders
- Leave to appeal granted
- Respondent to ensure compliance with Order 9 Rule 9 of the Civil Procedure if necessary
Authorities cited
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