The High Court held it lacked jurisdiction over an appeal from the Business Premises Tribunal and dismissed the appeal with costs, declining to transfer it to the ELC.
Prime Spot Enterprises Limited v Akoth [2024] KEELC 7395 (KLR)
Court
Environment and Land Court
Case number
Environment and Land Appeal E048 of 2023
Judge
MD Mwangi
The court struck out an appeal from a Business Premises Rent Tribunal complaint, holding that section 15(1) of Cap. 301 allows appeals only from references, not complaints.
An appeal against a rent assessment of Kshs.60,000 per month plus VAT was dismissed. The Environment and Land Court upheld the tribunal’s decision and costs order.
Wakaimba & 2 others v Wahome [2024] KEELC 4287 (KLR)
Court
Environment and Land Court
Case number
Environment and Land Appeal E045 of 2024
Judge
JA Mogeni
The Environment and Land Court granted a stay of proceedings in a Business Premises Tribunal case pending appeal, finding the appeal arguable and the application timely.
The Environment and Land Court dismissed a tenant’s appeal, upholding consolidation of references and finding no basis to disturb the tribunal’s discretionary orders.
Wainaina & 3 others v Mwangi [2023] KEELC 21777 (KLR)
Court
Environment and Land Court
Case number
Environment and Land Appeal 10 of 2022
Judge
MD Mwangi
The court held that the High Court, which issued the order forming the basis of the contempt application, lacked jurisdiction over the matter as it fell within the purview of the Environment and Land Court under Article 162(2) of the Constitution. Consequently, any orders issued by the High Court in this context were null and void ab initio. Since the contempt application was premised on a null and void order, it was itself incurably defective and could not be entertained. The court therefore struck out the application with costs to the respondent, emphasizing that jurisdiction is fundamental…
Kariuki v Iprocure Limited [2023] KEELC 21410 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 25 of 2023
Judge
FO Nyagaka
The court found that the plaintiff failed to establish a prima facie case for the grant of a temporary injunction. The evidence showed that the defendant was in occupation of the suit property as a tenant of Peter N. Mburu, who was himself a tenant of the plaintiff. The plaintiff was aware of the defendant's occupation for several months before seeking court intervention and had acquiesced to the situation. Furthermore, a related tenancy dispute was pending before the Business Premises Tribunal, and granting the injunction would interfere with the tribunal's jurisdiction. Since the first limb…
Awali Tumaini Investment Limited v Engen Kenya Limited & Co-operative Bank of Kenya Limited [2018] KEHC 2481 (KLR)
Court
High Court
Case number
Civil Case 313 of 2018
Judge
F Tuiyott
The High Court held it lacked jurisdiction to set aside a Business Premises Tribunal order, finding supervisory jurisdiction lay with the Environment and Land Court.
Elijah Gitari t/a G.R. Service, Maria Wamboi & Micheal Ndegwa v Ann Ngaru Waithaka [2018] KEHC 2788 (KLR)
Court
High Court
Case number
Civil Appeal 250 of 2012
Judge
A Mbogholi-Msagha
The High Court upheld rent assessments made by the tribunal, but changed the effective date for the new rent to September 2011 when the joint valuation report was filed.