[2002] KEHC 891 (KLR)

[2002] KEHC 891 (KLR)

The court found that the applicant failed to demonstrate sufficient cause for granting a stay of execution of the Tribunal's order increasing rent. The applicant admitted inability to pay the accrued arrears and was not in a position to provide security for due performance as required by Order 41 Rule 4 of the Civil Procedure Code. The court further held that the appeal did not have overwhelming chances of success and that execution of the decree would not render the appeal nugatory, as any overpayment could be offset against future rents. The court concluded that no substantial loss would be suffered by the applicant if the stay was not granted, and therefore dismissed the application...

Citation
[2002] KEHC 891 (KLR)
Parties
Appellant: Maafrika Weighers Warehouse & General Traders Ltd; Respondent: Lydia Kagunda Japheth
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
20 March 2002
Case Number
Civil Appeal 145 of 2001
Procedural Posture
Civil Appeal / Ruling on Application for Stay Pending Appeal
Outcome
application dismissed with costs
Legal Topics
Stay of Execution, Rent Disputes, Security for Due Performance, Substantial Loss, Appeals Process
Source Language
English
Civil Procedure Land and Property Stay of Execution Rent Disputes Security for Due Performance Substantial Loss Appeals Process

Case Brief

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Parties

Maafrika Weighers Warehouse & General Traders Ltd

Appellant

Lydia Kagunda Japheth

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause to warrant a stay of execution of the Tribunal's order increasing rent.
  2. 2 Whether the applicant will suffer substantial loss if the stay is not granted.
  3. 3 Whether the applicant is able to provide security for the due performance of the decree as required by law.

Ratio Decidendi

The court found that the applicant failed to demonstrate sufficient cause for granting a stay of execution of the Tribunal's order increasing rent. The applicant admitted inability to pay the accrued arrears and was not in a position to provide security for due performance as required by Order 41 Rule 4 of the Civil Procedure Code. The court further held that the appeal did not have overwhelming chances of success and that execution of the decree would not render the appeal nugatory, as any overpayment could be offset against future rents. The court concluded that no substantial loss would be suffered by the applicant if the stay was not granted, and therefore dismissed the application...

Court Disposition

application dismissed with costs

Orders

  • The application for stay is dismissed with costs to the respondent.
  • Leave to appeal and a copy of proceedings are granted to the appellant.