Salome Njeri Chiira t/a Radiant Pangani Hospital v Florence Mumbi Macharia & another [2019] KEELC 5041 (KLR)
- Court
- Environment & Land Court
- Case number
- 5041
- Citation
- [2019] KEELC 5041 (KLR)
- Decided
- 3 April 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEviction and Stay of ExecutionPostureApplication for stay of execution and extension of timeCoramE.O.OBAGA
Holding
The Court finds that the grounds for seeking extension are valid and grants the application with conditions.
Facts
The Plaintiff/Applicant, Salome Njeri Chiira, had a lease with the 2nd Defendant/Respondent, F.M Kamanga Medical Investments Ltd, to operate a hospital in the Respondent's premises. The lease was not renewed, and the Respondent granted eviction orders to the Applicant. The Applicant sought a stay of execution and extension of time.
Issues
- Whether the Applicant should be granted an extension of 5 months or not.
- Whether the Applicant should be allowed to move her business to a new building and install ICU machines.
Reasoning
The Court considers the Applicant's valid grounds for seeking extension and grants the application with conditions, including clearing outstanding rent and bearing the costs of the application.
Outcome
The Applicant's application is granted with conditions.
Orders
- Stay of execution of the orders of 13th December, 2018 is granted on condition that the Applicant clears all the outstanding arrears of rent based at the rate which was prevailing before the determination of the lease within 14 days.
- The period for her vacation from the premises is hereby extended until 31st May, 2019.
Remedies
- Clearing outstanding rent within 14 days.
- Extension of the period for the Applicant to vacate the premises until 31st May, 2019.
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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