DR. FREDRICK S. MASINDE & OTHERS vs EVANSON KAMAU & 4 OTHERS [2003] KEHC 742 (KLR)
- Court
- High Court of Kenya
- Case number
- 742
- Citation
- [2003] KEHC 742 (KLR)
- Decided
- 8 January 2003
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal and Stay ApplicationCoramG.P. MBITO
Holding
The court granted the application for copies of proceedings and leave to appeal, but denied the stay request.
Facts
The plaintiffs claim to be the owners of the suit premises, plot number L.R. No. 209/4527, known as Air India house, and seek declarations and orders regarding rent proceeds and arrears.
Issues
- Title to the suit premises
- Authority to bring the application
- Subtenancy of the head tenant
Reasoning
The court acknowledged the plaintiffs' claim to the suit premises and the court's previous ruling, but found no need for a stay as the money was supposed to be in an interest-earning account.
Outcome
Appeal granted, stay denied
Orders
- Copies of proceedings to be provided on payment of usual fees
- Leave to appeal granted
- Money to be withdrawn from the account and paid to the applicant within 7 days
Remedies
- Copies of proceedings
- Leave to appeal
- Payment of rent arrears
Authorities cited
Legislation (2)
- Civil Procedure Act
- 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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