Abubakar Yusuf v Samir Abdulwahid Miran [2021] KEELC 1955 (KLR)
- Court
- Environment & Land Court
- Case number
- 1955
- Citation
- [2021] KEELC 1955 (KLR)
- Decided
- 21 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand and EnvironmentPostureAppeal from Rent Restriction Tribunal decision; Application for stay pending appealCoramJUSTICE MUNYAO SILA
Holding
The application for stay pending appeal is granted subject to the applicant paying the old rent of Kshs. 1,500/= every month and depositing the balance, which is Kshs. 5,500/=, in a joint interest earning account to be held by the respondent and counsel for the applicant.
Facts
The appellant is the respondent's tenant in certain premises. The respondent increased the rent from Kshs. 1,500/ to Kshs. 7,000/ and the appellant appealed. The appellant also applied for a stay of the proceedings pending appeal.
Issues
- Whether the application has been made without unreasonable delay.
- Whether the applicant demonstrates that he stands to suffer substantial loss.
- Whether security for the due performance of the decree has been given by the applicant.
Reasoning
The court granted the stay pending appeal, considering the delay explained by the applicant and the substantial loss he would suffer if the stay was not granted.
Outcome
The application for stay pending appeal is granted.
Orders
- The applicant must pay the old rent of Kshs. 1,500/= every month and deposit the balance, which is Kshs. 5,500/=, in a joint interest earning account to be held by the respondent and counsel for the applicant.
- If the respondent refuses to receive the old rent of Kshs. 1,500/=, the applicant must deposit this amount in the joint interest earning account or in court within the time frames directed above.
- If there is default for any one month, the respondent will be at liberty to demand and execute for the whole rent of Kshs. 7,000/ as ordered by the Tribunal and it will be as good as if there is no subsisting stay pending appeal.
Remedies
- Stay of proceedings pending appeal.
- Deposit of rent in a joint interest earning account.
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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