[2024] KEELC 6261 (KLR)
The court found that the applicant, as administrator and registered owner of the suit properties, had provided sufficient documentary evidence, including a duly executed power of attorney, grant of letters of administration, the indenture, and title deeds. The applicant's inability to attend court due to being in...
Source-derived case information.
- Citation
- [2024] KEELC 6261 (KLR)
- Parties
- Applicant: Saif Said Saif Al-Buusaidy (Suing in his capacity as administrator to the Estate of Khola Binti Mohamed Bin Seif and Azzah Binti Mohamed bin Seif); Respondent: East Coast Syndicate Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case E036 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Approval of Attorney Appointment
- Outcome
- application granted
- Judges
- NA Matheka
- Legal Topics
- Power of Attorney, Eviction Proceedings, Succession and Administration, Breach of Lease
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Saif Said Saif Al-Buusaidy (Suing in his capacity as administrator to the Estate of Khola Binti Mohamed Bin Seif and Azzah Binti Mohamed bin Seif)
Applicant
East Coast Syndicate Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Approval of Attorney Appointment
Legal Issues
- 1 Whether the court should approve the appointment of Adam Jimmy Opoka as legal attorney for the applicant for purposes of instituting eviction proceedings against the respondent.
- 2 Whether the applicant has demonstrated sufficient grounds for the grant of the orders sought.
Ratio Decidendi
The court found that the applicant, as administrator and registered owner of the suit properties, had provided sufficient documentary evidence, including a duly executed power of attorney, grant of letters of administration, the indenture, and title deeds. The applicant's inability to attend court due to being in Oman constituted a reasonable ground for appointing an attorney. The application was merited, and the court approved the appointment of Adam Jimmy Opoka as attorney for the applicant for the purpose of instituting eviction proceedings against the respondent. No order as to costs was made.
Court Disposition
application granted
Orders
- The appointment of Adam Jimmy Opoka as legal attorney for Saif Said Saif Al-Buusaidy is approved for the purpose of instituting eviction proceedings against East Coast Syndicate Limited.
- No order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
Al-Buusaidy (Suing in his capacity as administrator to the Estate of Khola Binti Mohamed Bin Seif and Azzah Binti Mohamed bin Seif) v East Coast Syndicate Limited (Environment & Land Miscellaneous Case E036 of 2024) [2024] KEELC 6261 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEELC 6261 (KLR)
Republic of Kenya
In the Environment and Land Court at Mombasa
Environment & Land Miscellaneous Case E036 of 2024
NA Matheka, J
September 26, 2024
Between
saif said Saif Al-Buusaidy (Suing in his capacity as administrator to the Estate of Khola Binti Mohamed Bin Seif and Azzah Binti Mohamed bin Seif)
Exparte Applicant
and
East Coast Syndicate Limited
Respondent
Ruling
1The application is dated 24th June 2024 and is brought under Order 9 Rules of the Civil Procedure Rules 2010 Section 1A, 1B and 3A of the Civil Procedure Act seeking the following orders;1. That this Application be certified as urgent and be heard ex-parte.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/BLOCK/278, 279, 280, 281, 283, 335, 335 and 337 original number PLOT MOMBASA/BLOCK XX/78, for purposes of instituting a suit for eviction against East Coast Syndicate Limited.3. Costs of this application.
2It is based upon the grounds that the Applicant is by way of succession the legally registered owner of all that the property known as MOMBASA/BLOCK XX/278, 279, 280,281, 283, 335 and 337 original number MOMBASA/BLOCK XX/78 situate within the Mombasa Town. The said property was leased to the Respondent for 99 years by an indenture dated the 1st of December 1948. 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.
3This 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