[2024] KEELC 6120 (KLR)
The court found that the applicant had provided sufficient documentary evidence, including a duly executed power of attorney, grant of letters of administration, the relevant indenture, and title deeds, establishing his legal standing and the necessity for appointing an attorney due to his absence from the...
Source-derived case information.
- Citation
- [2024] KEELC 6120 (KLR)
- Parties
- Applicant: Saif Said Saif Al-Busaidy; Respondent: Mnazi Moja Estates Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case E037 of 2024
- Procedural Posture
- Miscellaneous Application / Exparte Application for Approval of Attorney Appointment
- Outcome
- application granted
- Judges
- NA Matheka
- Legal Topics
- Power of Attorney, Eviction Proceedings, Breach of Lease, Succession and Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Saif Said Saif Al-Busaidy
Applicant
Mnazi Moja Estates Limited
Respondent
Procedural Posture
Miscellaneous Application / Exparte Application for Approval of Attorney Appointment
Legal Issues
- 1 Whether the court should approve the appointment of Adam Jimmy Opoka as attorney for the applicant for purposes of instituting eviction proceedings.
- 2 Whether the applicant has demonstrated sufficient grounds for the appointment due to absence from jurisdiction.
Ratio Decidendi
The court found that the applicant had provided sufficient documentary evidence, including a duly executed power of attorney, grant of letters of administration, the relevant indenture, and title deeds, establishing his legal standing and the necessity for appointing an attorney due to his absence from the jurisdiction. The court was satisfied that the application was merited and that the appointment of Adam Jimmy Opoka as attorney was justified to enable the institution of eviction proceedings against the respondent, who remains in occupation of the property in breach of the lease. The application was granted as prayed, with no order as to costs.
Court Disposition
application granted
Orders
- The appointment of Adam Jimmy Opoka as legal attorney for Saif Said Saif Al-Busaidy for purposes of instituting a suit for eviction against Mnazi Moja Estates Limited is approved.
- No order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
Al-Busaidy (Suing in his capacity as Administrator to the Estate of Khola Binti Mohamed Bin Seif and Azzah Binti Mohamed Ben Seit) v Mnazi Moja Estates Limited (Environment & Land Miscellaneous Case E037 of 2024) [2024] KEELC 6120 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEELC 6120 (KLR)
Republic of Kenya
In the Environment and Land Court at Mombasa
Environment & Land Miscellaneous Case E037 of 2024
NA Matheka, J
September 26, 2024
Between
Saif Said Saif Al-Busaidy
Exparte Applicant
Suing in his capacity as Administrator to the Estate of Khola Binti Mohamed Bin Seif and Azzah Binti Mohamed Ben Seit
and
Mnazi Moja Estates Limited
Respondent
Ruling
1. The application is dated 24th June 2024 and is brought under Order 9 Rules 1&2 of the Civil Procedure Rules 2010, Sections 1B and 3A of the Civil Procedure Act seeking the following orders;1. That this Application be certified as urgent and be heard exparte.2. That this Honorable court be pleased to approve the appointment of Adam Jimmy Opoka as the legal attorney for Saif Said Saif Al-Busaidy, the registered owner of Mombasa/Block406, 407, 408, 409, 410, 411, 412, 414, 415, 416, 449, 450 original number Plot Mombasa/BlockXXW58, for purposes of instituting a suit for eviction against Mnazi Moja Estates Limited3. Costs of this application.
2. It is based upon the grounds that the Applicant is byway of succession the legally registered owner of all that the property known as Mombasa/BlockXX1/405, 406, 407, 408, 409, 410, 411, 412, 414, 415, 416, 449, 450 original number Plot Mombasa/Block XXI/58, situate within the Mombasa Town. The said property was leased to the Respondent for 99 years by an indenture dated the 22nd September 1952. The said indenture has been breached by the Respondent and/or it's assignees however they persist in their occupation of the property to the Applicants' detriment hence necessitating the commencement of eviction proceedings. The Applicant who is desirous of prosecuting the matter and taking back possession of the suit plots is presently in Oman and therefore acutely aware of the difficulty that may arise in securing their regular court attendance hence has appointed Adam Jimmy Opoka as his attorney thereof.
3. This court has considered the application which is exparte. I have perused the annexed documentation and find a duly executed power of attorney markedAJO-1. A copy of the grant of letters of administration to the estates of Azzah Binti Mohammed and Khola Binti Mohamed Bin Seif marked AJO-2. A copy of the indenture marked AJO-3 and copies of the title deeds in the name of the applicants have also been attached. I find that this application is merited and I grant it with no orders as to costs.It is so ordered.
DELIVERED, DATED AND SIGNED AT MOMBASA THIS 26TH DAY OF SEPTEMBER 2024. N.A. MATHEKAJUDGE