Ope t/a Diesel Turbo Charging Services v Fintel Limited (Environment and Land Appeal E002 of 2026) [2026] KEELC 2795 (KLR) (7 May 2026) (Ruling)
- Court
- Environment and Land Court
- Case number
- 2795
- Citation
- [2026] KEELC 2795 (KLR)
- Decided
- 7 May 2026
- Judge
- MN Kullow
- Parties
- raw · defendants · plaintiffs
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a notice of motion application and a stay of execution orderCoramMohammed N. Kullow
Holding
The notice of preliminary objection is not merited, and the notice of motion application is dismissed. The court orders each party to bear their own costs.
Facts
The appellant filed a notice of motion application in the Business Premises and Rent tribunal seeking orders to set aside an earlier ruling. The respondent filed a notice of preliminary objection and a motion for stay of execution.
Issues
- jurisdiction of the court
- mootness of the appeal
Reasoning
The court dismissed the preliminary objection as the appeal was not from a reference but from an interlocutory application. The appeal was found to be moot as the eviction had already occurred and the new tenants had taken over the premises.
Outcome
Appeal dismissed
Orders
- Notice of Motion application dated 8th January 2026 is hereby dismissed
- Each party to bear its own costs
Authorities cited
Legislation (1)
- Landlord and Tenants (Shops, Hotels and Catering Establishment Act)
Cases cited (2)
- Oguttu Mboya J
- Daniel Kaminja and 3 others (Suing as Westlands Environment Caretaker Group) vs County Government of Nairobi 2019 eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…