David Mereka t/a Mereka & Co Advocates v Ukulima Co-operative Savings & Credit Society Ltd & another [2021] KEBPRT 302 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 302
- Citation
- [2021] KEBPRT 302 (KLR)
- Decided
- 9 September 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and TenantPostureApplication for stay of execution pending appealCoramGachuhi Ag, Platt Ag
Holding
The Tribunal is not functus officio, and the Applicant has filed a memorandum of appeal. The application for stay of execution is denied.
Facts
The Tenant/Applicant sought orders to stay execution of a ruling issued by the Tribunal, claiming the Respondents were awarded costs on an unpreceded and unlawful proclamation, and the items proclaimed were exempted from distress.
Issues
- Whether the Tenant’s application amounts to a complaint under section 12(4) of Cap 301
- Whether the Tribunal has the discretion to grant a stay of execution
Reasoning
The Tenant’s complaint is not a complaint under section 12(4) of Cap 301, and the Tribunal has no discretion to grant a stay of execution. The Applicant has not commenced the procedure under paragraph 11 of the Advocates Remuneration Order which would culminate to a reference.
Outcome
Denied
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301
- Advocates Remuneration Order
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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