Sony Audio Corner Ltd v Mugo & another (Environment & Land Case 180 of 2009) [2022] KEELC 2905 (KLR) (28 June 2022) (Judgment)

Summary at a glance

Facts

The Plaintiffs filed an appeal against the termination of their tenancy by the 1st Defendant and the order to vacate the suit premises. The 1st Defendant filed a counter-claim for damages. The Plaintiffs deposited security as per the court's order.

Issues

• Whether the Plaintiffs fully complied with the orders issued on 4th February 2009 in HCCA 637/2009.
• Whether the 1st Defendant was justified in taking possession of the suit premises.
• Whether the Plaintiffs are entitled to the orders sought.
• Whether the 1st Defendant has proved his counter-claim against the Plaintiffs.
• Who shall bear the costs of this suit?

Reasoning

The Plaintiffs deposited the security as per the court's order, but failed to file and serve the record of appeal within the 60 days from the date of the order, leading to the lapse of the conditional order of stay of execution.

Outcome

The Plaintiffs are not entitled to the orders sought.

Orders

• The Plaintiffs are not entitled to the orders sought.
• The 1st Defendant is justified in taking possession of the suit premises.

Remedies

• The Plaintiffs are not entitled to the orders sought.
• The 1st Defendant is justified in taking possession of the suit premises.