[2021] KEELC 4527 (KLR)
The court found that the applicants, having been tenants for a significant period and facing imminent eviction, demonstrated sufficient grounds for the grant of a stay of execution pending appeal. The respondent did not oppose the stay provided certain conditions were met. The court exercised its discretion to allow...
Source-derived case information.
- Citation
- [2021] KEELC 4527 (KLR)
- Parties
- Appellant: Cyrus Kiruja; Appellant: Lucy Kiende; Appellant: Silas Muriungi; Appellant: Stephen Gatobu Muketha; Appellant: Charles Kiogora; Respondent: Mugambi Zakayo Nteere Ltd
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 4 of 2020
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution allowed with conditions.
- Legal Topics
- Stay of Execution, Eviction Orders, Security for Costs, Tenancy Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cyrus Kiruja
Appellant
Lucy Kiende
Appellant
Silas Muriungi
Appellant
Stephen Gatobu Muketha
Appellant
Charles Kiogora
Appellant
Mugambi Zakayo Nteere Ltd
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicants are entitled to a stay of execution of the judgment of the Business Premises Rent Tribunal pending appeal.
- 2 Whether conditions should be imposed for the grant of stay, including payment of rent and deposit of security for costs.
Ratio Decidendi
The court found that the applicants, having been tenants for a significant period and facing imminent eviction, demonstrated sufficient grounds for the grant of a stay of execution pending appeal. The respondent did not oppose the stay provided certain conditions were met. The court exercised its discretion to allow the application for stay, subject to the applicants continuing to pay rent punctually and depositing KES 30,000 each as security for costs within 45 days. Failure to comply with these conditions would result in the lapse of the stay orders.
Court Disposition
Application for stay of execution allowed with conditions.
Orders
- Applicants to continue paying rent into the respondent's account punctually.
- Each applicant to deposit KES 30,000 in court as security for costs within 45 days from the date of the ruling.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC APPEAL NO. 4 OF 2020
CYRUS KIRUJA
LUCY KIENDE
SILAS MURIUNGI
STEPHEN GATOBU MUKETHA
CHARLES KIOGORA...........................APPELLANTS
VERSUS
MUGAMBI ZAKAYO NTEERE LTD......RESPONDENT
RULING
1. Before me is an application filed on 29. 1.2020 brought pursuant to the provisions of Order 42 Rule 6 of the Civil Procedure Rules. The applicant/appellants are seeking an order of stay of execution of the Judgement dated 17. 1.2020 in the Business Premises Rent Tribunal (BPRT) case no. 67-71 of 2018 – Meru pending the hearing and determination of the application and the appeal.
2. The application is premised on the grounds set out on the face it and in the supporting affidavit of Silas Muriungi. The applicants contend that they have been tenants of the respondent for the last 12 years on plot number 127 at Nkubu town. That on 21. 6.2018, they learnt that the respondent had issued notices to terminate their tenancies which notices had not been served on them. The applicants had therefore filed references numbers 67-71 of 2018 in the Business Premises Rent Tribunal of which judgment was delivered on 17. 1.2020 without notice. The said Judgment directed that they be evicted from the suit premises. They hence stand to suffer immeasurable loss if eviction is carried out.
3. The respondent through the affidavit of Zaverio Gatobu M’Ithinji is not opposing the order for stay of eviction as long as the applicants continue paying rent punctually and that they be ordered to deposit the costs.
4. Having regard to all the issues raised herein, I do allow the application dated 28. 1.2020 on the following conditions:
1. That the applicants continue paying rent into the account of the respondent punctually.
2. That each applicant is to deposit a sum of Shs.30,000 in court as security for costs within a period of 45 days from the date of delivery of this ruling.
3. In default of any condition given herein, the orders of stay shall lapse.
DATED, SIGNED AND DELIVERED AT MERU THIS 3RD DAY OF FEBRUARY, 2021
HON. LUCY. N. MBUGUA
ELC JUDGE
ORDER
The date of delivery of this Ruling was given to the advocates for the parties through a virtual session via Microsoft teams on 26. 10. 2020. In light of the declaration of measures restricting court operations due to the COVID-19 pandemicand following the practice directions issued by his Lordship, the Chief Justice dated 17th March, 2020 and published in the Kenya Gazette of 17th April 2020 as Gazette Notice no.3137, this Ruling has been delivered to the parties by electronic mail. They are deemed to have waived compliance with order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court.
HON. LUCY N. MBUGUA
ELC JUDGE