[2019] KEELC 2483 (KLR)
The court found that the applicant failed to meet the legal threshold for grant of stay of execution. The applicant did not provide evidence of an appeal having been filed, did not demonstrate that he would suffer substantial loss if evicted, and failed to offer security for the performance of the decree. The court...
Source-derived case information.
- Citation
- [2019] KEELC 2483 (KLR)
- Parties
- Applicant: Charles Mukabi Sihuli; Respondent: Maina Githongo; Respondent: Mwangi Githongo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 18 of 2019
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application for stay of execution dismissed; limited grace period granted to vacate premises
- Legal Topics
- Rent Arrears, Stay of Execution, Eviction Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Mukabi Sihuli
Applicant
Maina Githongo
Respondent
Mwangi Githongo
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant has met the threshold for grant of stay of execution pending appeal.
- 2 Whether the applicant will suffer substantial loss if stay is not granted.
- 3 Whether the applicant has provided adequate security for the performance of the decree.
Ratio Decidendi
The court found that the applicant failed to meet the legal threshold for grant of stay of execution. The applicant did not provide evidence of an appeal having been filed, did not demonstrate that he would suffer substantial loss if evicted, and failed to offer security for the performance of the decree. The court noted that the applicant has alternative accommodation in Kileleshwa and therefore would not be rendered homeless. On humanitarian grounds, the court granted the applicant 30 days to vacate the premises, failing which eviction would ensue.
Court Disposition
application for stay of execution dismissed; limited grace period granted to vacate premises
Orders
- The application for stay of execution is dismissed.
- The applicant is granted 30 days to move out of the premises.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT ELDORET
E & L APPEAL CASE NO. 18 OF 2019
CHARLES MUKABI SIHULI.................PLAINTIFFAPPLICANT
VERSUS
MAINA GITHONGO.........................................1ST RESPONDENT
MWANGI GITHONGO....................................2ND RESPONDENT
RULING
The Applicant prays for Stay of Execution of the decree of the Rent Restriction Tribunal.
The Rent Restriction Tribunal heard the parties and gave the Applicant upto 30/5/19 to pay the outstanding arrears. The same has not been paid and he now wants the court to give him 90 days to pay the outstanding arrears.
For an application of stay of Execution to be granted, the applicant must meet the threshold for grant of such orders. That he is going to suffer damages if the orders are not granted and must offer security for the performance of the decree.
The Applicant states that he has filed an appeal which is not exhibited in the court and in the same breath says that he is expecting money to pay the outstanding arrears. He also states that he has a house in Kileleshwa.
I find that the application does not meet the threshold of Stay of Execution, the Applicant can go and stay in his Kileleshwa house as he waits to clear the outstanding balance.
On humanitarian grounds I give the Applicant 30 days to move out of the premises failure of which he be evicted.
Dated and delivered at Eldoret on this 19th day of June, 2019.
M.A. ODENY
JUDGE
Ruling read in open court in the presence of Mr.Muhoro for Respondents and Appellant in person.
Mr.Emmanuel – Court Assistant