Obimbo v Ochieng (Environment and Land Appeal E037 of 2022) [2023] KEELC 731 (KLR) (14 February 2023) (Ruling)

Summary at a glance

Facts

The appellant, Harrison Obimbo, was a tenant on Plot No 57, Migosi estate, Kisumu. He filed a suit against Agnette Atieno Ochieng, his landlord, seeking to restrain her from increasing rent and for the assessment of the standard rent. The respondent, Ochieng, sought access to the property for repairs. The Rent Restriction Tribunal assessed the rent at Kshs 15,000/- per month and ordered the appellant to grant access within 30 days.

Issues

• Whether the appellant's appeal is competent against the decision of the tribunal on September 26, 2022.
• Whether the appellant will suffer substantial loss if the stay of execution is not granted.

Reasoning

The court found that the appellant's appeal is not against the judgment and order made on September 26, 2022, and thus, the application for stay cannot be based on an appeal against a different judgment. The court also found that the appellant would not suffer substantial loss if he pays the new rent and grants access to the property.

Outcome

Appeal dismissed

Orders

• The appellant's application for a stay of the judgment and order is dismissed.
• The appellant must pay the new rent of Kshs 15,000/- per month from November 1, 2022.
• The appellant must grant the respondent access to the suit property to carry out repairs.