[2004] KEHC 1471 (KLR)
The court found that it was reasonable to grant a temporary stay of the Rent Restriction orders because the Tribunal was not likely to sit in Mombasa until August, and the order had not yet been executed. The absence of objection regarding the lapse of time and the fact that the order was not executed further...
Source-derived case information.
- Citation
- [2004] KEHC 1471 (KLR)
- Parties
- Applicant: Jacob O. Ogandi; Respondent: Thraya Amir Saary
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 492 of 2004
- Procedural Posture
- Miscellaneous Application / Ruling on Stay Application
- Outcome
- application allowed
- Legal Topics
- Stay of Execution, Rent Restriction Orders, Interim Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jacob O. Ogandi
Applicant
Thraya Amir Saary
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Stay Application
Legal Issues
- 1 Whether a stay of the Rent Restriction orders made on 10.5.2005 should be granted pending the next sitting of the Tribunal in Mombasa.
- 2 Whether the lapse of time since the order took effect precludes the grant of a stay.
Ratio Decidendi
The court found that it was reasonable to grant a temporary stay of the Rent Restriction orders because the Tribunal was not likely to sit in Mombasa until August, and the order had not yet been executed. The absence of objection regarding the lapse of time and the fact that the order was not executed further supported the grant of a stay. The court exercised its discretion under section 3A of the Civil Procedure Act to ensure justice was served by maintaining the status quo until the Tribunal could hear the matter.
Court Disposition
application allowed
Orders
- Temporary stay of Rent Restriction orders granted pending the hearing of the application before the Tribunal at its next sitting in Mombasa.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISCELLANEOUS CIVIL APPLICATION NO. 492 OF 2004
JACOB O. OGANDI ……………………………………….. APPLICANT
V E R S U S
THRAYA AMIR SAARY …………………………………RESPONDENT
R U L I N G
This court is asked to stay Rent Restriction orders made on 10. 5.2005 under section 3A of Civil Procedure Act. The grounds advanced is that order takes effect as from 1. 6.2004 now past. The applicant is acting in person. He first approached the court on 3. 6.04. However there has been no objection that the time had expired and the order is not yet executed. Reason which the high court has been requested to grant orders is that Rent Tribunal is not likely to sit in Mombasa until the month of August. I have perused the application supporting affidavit together with opposition. I am convinced that it is reasonable to grant orders sought on temporary basis pending the hearing of the application before the Tribunal next time it sits in Mombasa. I allow application. Costs shall be in the cause. Dated this 25th day of June, 2004
J. KHAMINWA
JUDGE
Read in presence of S.M.Kimani.
Applicant in person.
J. KHAMINWA
JUDGE
25. 6.04