Mohammed Nyongesa Sichangi v Benson N. Opwora [2016] KECA 41 (KLR)

Facts

The applicant filed a suit in the Environment and Land Court seeking to recover arrears of rent and costs from the respondent, who was his tenant. The respondent refused to pay and the applicant filed a Tribunal case at the Business Premises Rent Tribunal. The Tribunal ordered the respondent to pay arrears of rent and costs. The applicant then filed a suit in the Environment and Land Court, which struck it out with costs to the respondent.

Issues

1. Whether the appeal is arguable
2. Whether the appeal will be rendered nugatory unless stay of execution is granted

Reasoning

The Court is satisfied that the appeal is arguable but does not think it will be rendered nugatory unless stay of further execution is granted. The execution was for recovery of arrears of rent and costs. If the applicant is successful in his appeal, the respondent will be able to repay the amount.

Outcome

Application for stay of execution dismissed with costs to the respondent.

Authorities cited