[2024] KEELC 7325 (KLR)
The court found that the appeal was properly initiated by a Memorandum of Appeal dated 10th July 2024, challenging the BPRT ruling delivered on 28th June 2024. The appeal was filed within the 30-day window provided under Section 79G of the Civil Procedure Act and complied with Order 42 rule 1 of the Civil Procedure...
Source-derived case information.
- Citation
- [2024] KEELC 7325 (KLR)
- Parties
- Appellant: Michael Muchiri; Respondent: Billy Ngugi Ciera
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E095 of 2024
- Procedural Posture
- Environment and Land Appeal / Ruling on Preliminary Objection
- Outcome
- preliminary objection dismissed with costs to appellant
- Judges
- MD Mwangi
- Legal Topics
- Jurisdiction of Court, Appeals From Bprt, Memorandum of Appeal Requirements, Civil Procedure Act Section 79g
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Muchiri
Appellant
Billy Ngugi Ciera
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the Environment and Land Court's jurisdiction was properly invoked in the appeal against the BPRT decision.
- 2 Whether the appeal was properly filed in accordance with the Civil Procedure Act and Rules.
- 3 Whether the preliminary objection raised by the respondent has merit.
Ratio Decidendi
The court found that the appeal was properly initiated by a Memorandum of Appeal dated 10th July 2024, challenging the BPRT ruling delivered on 28th June 2024. The appeal was filed within the 30-day window provided under Section 79G of the Civil Procedure Act and complied with Order 42 rule 1 of the Civil Procedure Rules. The respondent's preliminary objection, which challenged the court's jurisdiction and the competence of the appeal, was found to be without basis. The court held that the requirements for instituting an appeal from the BPRT had been met, and there was no procedural defect or abuse of process. Accordingly, the preliminary objection was dismissed with costs to the appellant.
Court Disposition
preliminary objection dismissed with costs to appellant
Orders
- The preliminary objection dated 18th July 2024 is dismissed.
- Costs of the preliminary objection are awarded to the appellant against the respondent.
Full Case Text
Judgment text and source record
18 paragraphs
Muchiri v Ciera (Environment and Land Appeal E095 of 2024) [2024] KEELC 7325 (KLR) (29 October 2024) (Ruling)
Neutral citation: [2024] KEELC 7325 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment and Land Appeal E095 of 2024
MD Mwangi, J
October 29, 2024
Between
Michael Muchiri
Appellant
and
Billy Ngugi Ciera
Respondent
Ruling
In respect of the Preliminary Objection by the Respondent dated 18th July 2024 Backgroud 1. The preliminary objection by the Respondent is premised on six grounds;i.That the Honourable Court's jurisdiction has been wrongly and improperly invoked;ii.No appeal has been filed in the Environment and Land Court against a decision of the Business Premises Rent Tribunal (BPRT);iii.That an appeal cannot be raised by way of a Notice ofiv.The provisions of sections 15 (4) of Cap 301 do not envisage the current application;v.That the application is incompetent otherwise an abuse of the process of court; andvi.That the application is ambiguous and fatally defective and the same should be struck out with costs.
Determination 2. The appeal herein was initiated by way of a Memorandum of Appeal dated 10th July 2024. The appeal is against the ruling and order of Honourable Cyprian Mugambi in BPRT Case No. E373/2024 delivered on 28th June 2024. The appeal was filed within the 30 days’ window provided for under the Civil Procedure Act and Rules. The appeal complies with both the provisions of Section 79G of the Civil Procedure Act and Order 42 rule 1 of the Civil Procedure Rules.
3. The preliminary Objection by the Respondent is therefore without any basis. It is dismissed with costs to the Appellant against the Respondent.It is so ordered.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 29TH DAY OF OCTOBER 2024. M.D. MWANGIJUDGEIn the virtual presence of:Mr. Wakasa Were for the AppellantMr. Ngotho for the RespondentCourt Assistant: YvetteM.D. MWANGIJUDGE