Gichoni Ngangu & another v Esther Mbandi Kagina [2016] KEELC 1121 (KLR)
- Court
- Environment & Land Court
- Case number
- 1121
- Citation
- [2016] KEELC 1121 (KLR)
- Decided
- 26 February 2016
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the findings of the Business Premises Rent TribunalCoramB.N. OLAO
Holding
The appellants/applicants' Notice of Motion dated 29th June 2015 is dismissed with costs.
Facts
The appellants/applicants are tenants of the suit premises owned by the Estate of the late SILAS KAGINA GICHONI. The respondent, ESTHER MBANDI KAGINA, claims the rent is due to her, and the appellants/applicants claim no rent is due as they pay their monthly rent promptly to the administrators of the Estate.
Issues
- Whether the appellants/applicants should be granted a stay of execution of the ruling and order of the Tribunal pending the appeal.
- Whether the appellants/applicants have suffered substantial loss if the order for stay is not granted.
Reasoning
The Court considered the application and the rival affidavits, including the supplementary affidavit and annextures. The appellants/applicants have not shown substantial loss and have violated an express order directing the appellants/applicants to pay rent to the respondent.
Outcome
Appeal dismissed
Orders
- The appellants/applicants' Notice of Motion dated 29th June 2015 is dismissed with costs.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure 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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