Grace Muthoni Mahindi v Andrew Kimani & 2 others [2016] KEELC 175 (KLR)
- Court
- Environment & Land Court
- Case number
- 175
- Citation
- [2016] KEELC 175 (KLR)
The court granted the stay of execution for a period of twelve months and a temporary injunction to restrain the respondents from taking over possession of the suit property.
Facts
The deceased, Jackson Mahindi Gitonga, was a tenant of the suit property under the business name Macbones Hotel. The respondents increased the rent and filed a reference to the Business Premises Rent Tribunal. The deceased appealed the tribunal's decision and sought a stay of execution. The respondents opposed the stay and the court granted it conditionally. The respondents later levied distress against the deceased's business premises.
Issues
- Whether the court should grant a stay of execution pending the appeal
- Whether the court should grant a temporary injunction to restrain the respondents from taking over possession of the suit property
Reasoning
The court found that the respondents would suffer substantial loss if the stay was not granted, and the application was filed without unreasonable delay.
Outcome
The appeal was allowed with the orders granted on the following terms: a temporary injunction and a stay of execution for a period of twelve months.
Orders
- Temporary injunction to restrain the respondents from taking over possession of the suit property
- Stay of execution for a period of twelve months
Remedies
- Refund of Ksh. 1.5 million to the appellant if the stay is not granted
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301 Laws of Kenya
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