[2004] KEHC 2236 (KLR)
The court found that since the applicant had already been evicted and vacant possession delivered to the respondent landlord, there was no longer any subject matter upon which a stay of execution could operate. The application for stay was therefore rendered moot and was dismissed with costs to the respondent.
Source-derived case information.
- Citation
- [2004] KEHC 2236 (KLR)
- Parties
- Appellant: Joseph Maina Kimani T/A Renco Car Identity Company; Respondent: Ukulima Co-operative Savings & Credit Society Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 674 of 2003
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay of Execution
- Outcome
- application dismissed with costs to the respondent
- Judges
- ARM Visram
- Legal Topics
- Stay of Execution, Eviction Orders, Tenancy Termination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Maina Kimani T/A Renco Car Identity Company
Appellant
Ukulima Co-operative Savings & Credit Society Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether a stay of execution can be granted after vacant possession has already been delivered to the respondent landlord.
- 2 Whether there is any substantive relief left to be granted to the applicant.
Ratio Decidendi
The court found that since the applicant had already been evicted and vacant possession delivered to the respondent landlord, there was no longer any subject matter upon which a stay of execution could operate. The application for stay was therefore rendered moot and was dismissed with costs to the respondent.
Court Disposition
application dismissed with costs to the respondent
Orders
- The application for stay of execution is dismissed.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
10 paragraphs
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL APPEAL NO 674 OF 2003
JOSEPH MAINA KIMANI T/A RENCO CAR IDENTITY COMPANY ……….……. APPELLANT VERSUS UKULIMA CO-OPERATIVE SAVINGS & CREDIT SOCIETY LIMITED …………..………….. RESPONDENT
RULING
This is an application for stay of execution of the Order of the Business Premises Tribunal dated September 11, 2003 in Case No 57 of 2002 by which the Tribunal ordered the Applicant to comply with certain conditions failing which the tenancy would be determined.
Upon the Applicant’s failure to comply with all the conditions of the order, the Respondent landlord applied for and obtained an eviction order. The order was executed, and vacant possession delivered to the respondent landlord. Accordingly, there is nothing to “stay” – vacant possession having been delivered.
This application is accordingly dismissed with costs to the Respondent.
Dated and delivered at Nairobi this 14th day of July, 2004.
ALNASHIR VISRAM JUDGE