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Olal v Jay Jay Holdings Limited (Environment and Land Miscellaneous Application E051 of 2025) [2025] KEELC 5407 (KLR) (21 July 2025) (Ruling)

[2025] KEELC 5407 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
5407
Citation
[2025] KEELC 5407 (KLR)
Decided
21 July 2025
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

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

Legislation (2)
  • Civil Procedure Act
  • Civil Procedure Rules
Cases cited (2)
  • Thuita Mwangi v Kenya Airways Ltd [2003] KECA 201 (KLR)
  • Leo Sila Mutiso v Rose Hellen Wangari Mwangi (Civil Application No Nai 255 of 1997) (unreported)
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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