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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MOMBASA
ENVIRONMENT AND LAND APPEAL NO [reference]
[LANDLORD APPELLANT] v [TENANT RESPONDENT]
MEMORANDUM OF APPEAL
1. The Appellant challenges the BPRT ruling and order dated [actual date] in [reference]. The certified order, tenancy documents and admitted record are [pages]. The historical appeal arose from the 30 August 2021 order; this specimen uses the true reference of the proposed matter.
2. The Tribunal erred, as alleged, in determining continued occupation without adequately resolving the actual tenancy terms, the asserted termination procedure and the admitted possession evidence. The pleaded ground must confront sections 4, 6 and 7 of Cap 301, not assume that physical eviction itself terminates a controlled tenancy lawfully.
3. The Tribunal erred, as alleged, in its treatment of the identified parallel proceedings. The ground specifies the exact earlier decision and issues said to have been finally determined. An unresolved Kwale suit cannot merely be described as a final merits judgment.
4. The Tribunal erred, as alleged, in evaluating the evidence and reasons for reinstatement and interim occupation. The actual rental arrears, notice, current occupant and service record are [pages]. A director death is disclosed without asserting that a company automatically ceased to exist.
5. The Appellant seeks the precise variation or setting aside justified by the record, and appropriate costs. Appeal permission, statutory time limit, service and record requirements are [particulars]. The source appeal succeeded only in part; the metadata dismissal label is not the operative order.
DATED at [place] on [date]. Signed [party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected person and address].
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An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction from a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Verify the facts, law, jurisdiction and court directions before use.
Use and evidence notes
Identify the exact lower-court judgment or ruling, operative decree, parties, concise grounds and requested disposition. Use the procedure for this particular appellate court: an ELRC appeal and a High Court or ELC first appeal are not Court of Appeal proceedings. Check limitation, any necessary leave or extension, record, fees, service and directions. Filing an appeal is not an automatic stay.
Supporting material: [date]; [author or custodian]; [description]; [bundle page]; [authenticating witness]; [admission or permission]. Attach genuine records only. This public specimen contains no exhibits, signatures, personal identifiers or sworn declaration.
Source facts and limits of the decision
A landlord appealed the Mombasa BPRT reinstatement and occupation orders concerning commercial shops in Diani. The record discussed a short written tenancy, disputed arrears and prior eviction, another Kwale suit and the death of a director. The appeal was heard in Mombasa.
Despite a metadata dismissal label and contradictory sentence in paragraph 49, paragraph 47 and operative order 49(a) partially allow the appeal on the listed tenancy grounds and order 49(c) awards appeal costs to the appellant. The certified decree is needed before acting on the ambiguous substitution wording.
Cap 301 controlled-tenancy termination procedure is distinct from self-help eviction. An ongoing suit is not automatically res judicata; corporate-director death does not automatically establish abatement. The text gives differing tenancy and eviction descriptions. The specimens identify the dispute instead of presenting one inconsistent date as established.
Read the original reported decision: [2025] KEELC 289 (KLR) — 31 January 2025
The original decision may identify participants. The specimen replaces their identifying details. The reproduced primary judicial text, Mombasa court heading, reasons and operative orders were checked. Source contradictions and unsuccessful positions are identified. These are newly drafted educational specimens, not original pleadings or matters handled by our team. No genuine exhibits, signatures, subsequent-order assurance or licensed-advocate review is claimed. Check the authentic file, current law and directions before use.
Related law and procedural rules
Constitution of Kenya · Civil Procedure Act · Civil Procedure Rules · Evidence Act · Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
Civil Procedure Rules — check current amendments and directions
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