[2004] KEHC 2576 (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 in question had not yet been executed. The lapse of time since the order was made did not preclude the applicant from seeking relief,...
Source-derived case information.
- Citation
- [2004] KEHC 2576 (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 Application for Stay of Rent Restriction Orders
- 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
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Parties
Jacob O. Ogandi
Applicant
Thraya Amir Saary
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Stay of Rent Restriction Orders
Legal Issues
- 1 Whether the High Court should grant a stay of Rent Restriction orders pending the hearing before the Tribunal.
- 2 Whether the lapse of time since the order was made affects the applicant's right to seek 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 in question had not yet been executed. The lapse of time since the order was made did not preclude the applicant from seeking relief, especially as no objection had been raised regarding the expiry of time. The stay was granted to preserve the status quo pending the Tribunal's next sitting, ensuring that the applicant would not suffer prejudice due to procedural delays beyond his control.
Court Disposition
application allowed
Orders
- Temporary stay of Rent Restriction orders granted pending hearing before the Tribunal.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
6 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