Taifa Sacco Limited v Saleh (Environment and Land Miscellaneous Application E009 of 2024) [2024] KEELC 4430 (KLR) (30 May 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4430
- Citation
- [2024] KEELC 4430 (KLR)
- Decided
- 30 May 2024
The applicant is granted a stay of execution of the ruling and stay of further proceedings in the Business Premises Rent Tribunal case pending appeal. The applicant is also granted 10 days to file and serve its memorandum of appeal out of time and 30 days to file the record of appeal.
Facts
Taifa Sacco Limited seeks to stay execution of a ruling and stay further proceedings in a Business Premises Rent Tribunal case. The applicant was not served with the ruling until February 2024, and the respondent was served with an eviction notice along with the ruling.
Issues
- Whether the applicant was served with the ruling in time
- Whether the applicant has an arguable appeal
- Whether the applicant deserves an order of temporary injunction
Reasoning
The court finds that the applicant was not served with the ruling in time and that the applicant has an arguable appeal. However, the court grants a stay of execution and stay of further proceedings as the applicant has invested in the premises and is threatened with eviction.
Outcome
Granted
Orders
- Stay of execution of the ruling delivered on November 1, 2023
- Stay of further proceedings in Nakuru Business Premises Rent Tribunal Case No. E153 of 2022 pending the hearing and of the intended appeal
- 10 days to file and serve memorandum of appeal out of time
- 30 days to file record of appeal
Remedies
- Stay of execution
- Stay of further proceedings
- 10 days to file and serve memorandum of appeal out of time
- 30 days to file record of appeal
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