[2001] KEHC 121 (KLR)
The court declined to grant the order of stay because the lease had expired, there was no outstanding rent due to the applicant, and the premises were to be handed over. Additionally, the application was not served on the party currently receiving rent, who would be affected by the order. Most critically, the...
Source-derived case information.
- Citation
- [2001] KEHC 121 (KLR)
- Parties
- Applicant: Liban Agencies Limited; Respondent: Permanent Secretary, Department of Defence
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 381 of 2001
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application dismissed
- Legal Topics
- Judicial Review, Leave to Apply, Stay Orders, Service of Process
- 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
Liban Agencies Limited
Applicant
Permanent Secretary, Department of Defence
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether an order of stay should be granted when the lease has expired and rent is no longer outstanding.
- 2 Whether the application was properly served on all interested parties.
- 3 Whether the substantive application was filed within the statutory period after leave was granted.
Ratio Decidendi
The court declined to grant the order of stay because the lease had expired, there was no outstanding rent due to the applicant, and the premises were to be handed over. Additionally, the application was not served on the party currently receiving rent, who would be affected by the order. Most critically, the substantive application for which leave was granted was not filed within the statutory 21-day period, rendering any subsequent application incompetent unless the period was formally extended. The combination of these procedural and substantive deficiencies led the court to refuse the relief sought.
Court Disposition
application dismissed
Orders
- Prayer 3 of the application dated 24.4.2001 is declined.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI
MISC APPLICATION NO. 381 OF 2001
LIBAN AGENCIES LIMITED……………APPLICANTA
VERSUS
PERMANENT SECRETARY
DEPARTMENT OF DEFENCE………..RESPONDENT
RULING
From para 4 of the supporting affidavit, the Respondent stopped paying rent to applicants in October 1999 since then rent was being paid to the wife of the Applicant Dima Jillo. From para 7 of the affidavit the lease has expired and no the premises were supposed to have been handed over to the applicant on 21. 9.2000 in those circumstances what purpose will order of stay serve as there is no outstanding rent to be paid except perhaps a claim for damages for the period the premises have remained with the respondent.
Secondly the application should have been served on the party receiving the rent if the interested party is to be affected by the order.
Thirdly, the application for the orders for which leave was given on 25. 4.2001 has not been made. It should have been filed within 21 days from 25. 4.2001 has not been made. It should have been filed within 21 days from 25. 4.2001 which 21 days have expired. So, applicant cannot file a competent application unless the period of 21 days is extended through formal application.
For those reasons I decline to grant prayer 3 of the application dated 24. 4.2001
E. M. Githinji
Judge