East Africa Institute of Certified Studies Limited & 2 others v Mombasa Trade Centre Ltd (Civil Appeal (Application) E107 of 2023) [2024] KECA 411 (KLR) (26 April 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 411
- Citation
- [2024] KECA 411 (KLR)
- Decided
- 26 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for stay of execution pending appealCoramGV ODUNGA, L. Naikuni
Holding
The application for stay of execution is granted, and the appeal is allowed.
Facts
The applicants were tenants of the leased premises in Mombasa/Block XXV1100. They vacated the premises due to the Covid-19 pandemic before the end of their 6-year tenancy. The respondent claimed rent for the remaining period, and judgment was entered against the applicants.
Issues
- misapprehension of evidence by the trial judge
- termination of tenancy due to force majeure (Covid-19)
- refund of deposit and repair costs
- nugatory nature of the judgment
Reasoning
The court found that the trial judge misapprehended the evidence and the provisions of the Land Act, leading to the misapplication of the law.
Outcome
Appeal allowed, stay of execution granted
Orders
- stay of execution pending determination of appeal
Remedies
- refund of deposit and repair costs
- termination of tenancy due to force majeure
Authorities cited
Legislation (2)
- Evidence Act
- Land Act
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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