[2012] KEHC 1472 (KLR)
The court found that the appellant had satisfied the requirements for a stay of execution pending appeal, including the deposit of Ksh. 200,000/- as security and the risk of irreparable loss if execution proceeded before the appeal was determined. The absence of opposition from the respondent further supported the...
Source-derived case information.
- Citation
- [2012] KEHC 1472 (KLR)
- Parties
- Appellant: Justus Gituma t/a Dona Snacks; Respondent: Kenya Railways Workers Union
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 187 of 2011
- Procedural Posture
- Civil Appeal / Application for Stay of Execution Pending Appeal
- Outcome
- Stay of execution granted pending appeal.
- Legal Topics
- Rent Assessment, Stay of Execution, Business Premises Rent Tribunal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justus Gituma t/a Dona Snacks
Appellant
Kenya Railways Workers Union
Respondent
Procedural Posture
Civil Appeal / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to a stay of execution of the tribunal's decision on rent assessment pending the determination of the appeal.
- 2 Whether the deposit of Ksh. 200,000/- satisfies the conditions for granting a stay of execution.
Ratio Decidendi
The court found that the appellant had satisfied the requirements for a stay of execution pending appeal, including the deposit of Ksh. 200,000/- as security and the risk of irreparable loss if execution proceeded before the appeal was determined. The absence of opposition from the respondent further supported the grant of the stay. Accordingly, the court ordered a stay of execution of the tribunal's decision on rent assessment until the final determination of the appeal, with costs to be in the appeal.
Court Disposition
Stay of execution granted pending appeal.
Orders
- There shall be a stay of execution of the decision of the Business Premises Rent Tribunal dated 25th March 2011 pending the finalization of this appeal.
- Costs shall be in the appeal.
Full Case Text
Judgment text and source record
54 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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Editorial Summary
1. Civil Appeal
2. Business Premises Rent Tribunal
3. Subject of Tribunal hearing
i) Rent assessment
4. Application 8th June 2011
a) Application for stay of execution pending
appeal filed on 26th April 2011 against the
decision of Tribunal of 25th March 2011.
5. Respondent absent
6. Held:
a) Stay granted
7. Case Law:
8. Advocates:
i) M/s C. Muriithi & Co Advocates for the
appellant/tenant – present
ii) M/s Kerongo & Co Advocates for the
respondent/landlord
JUSTUS GITUMA T/A DONA SNACKS …….……...….….. APPELLANT/TENANT
VERSUS
KENYA RAILWAYS WORKERS UNION …...........…... RESPONDENT/LANDLORD
(Being an appeal from the Judgment of D. Mochache Chairperson
Business Premises Rent Tribunal in BPRT No. 387 of 2008 at Nairobi dated
25th March 2011)
R U L I N G
Application for Stay of Execution
Pending appeal dated 8th June 2011
I.INTRODUCTION
1. Being dissatisfied with the decision of the Business Premises Rent Tribunal on assessment of rent that was delivered on 25th March 2011 the applicant appellant filed an appeal against the respondent/landlord on the 26th April 2011.
2. By an application of 8th June 2011, the said appellant/tenant prayed that there be a stay of execution.
IIAPPLICATION 8TH JUNE 2011
3. The applicant notified this court that a deposit of Ksh. 200,000/- had already been deposited as ordered by the duty judge.
4. The issue that intends to be heard is on the calculation of the rent assessment before that tribunal. If made to pay there would irreparable loss.
5. There was no reply by the respondent/landlord.
IIIFINDINGS
6. The court herein is satisfied that there be stay of execution pending appeal on the decision dated 25th March 2011 delivered by the Business Premises Rent Tribunal till the finalization of this appeal.
7. There will be costs in the appeal.
DATED THIS 28th DAY OF June 2012 AT NAIROBI
M.A. ANG’AWA
JUDGE
Advocates:
i) M/s C. Muriithi & Co Advocates for the
appellant/tenant – present
ii) M/s Kerongo & Co Advocates for the
respondent/landlord