FRANCIS MUREITHI GITUKU T/A GITUKU ENTERPRISES & ANOTHER V FRANCIS MWAURA MWEGA [2008] KEHC 3300 (KLR)
- Court
- High Court of Kenya
- Case number
- 3300
- Citation
- [2008] KEHC 3300 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Business Premises Rent TribunalCoramH. M. OKWENGU
Holding
Order of stay of execution of the judgment pending appeal, conditional on payment of rent and deposit of security
Facts
The Applicants were directed to vacate the suit premises within one month due to reconstruction and renovation by the Respondent. The Applicants claimed substantial loss and difficulty in reinstatement if the appeal succeeds, while the Respondent argued the orders were consistent with earlier High Court orders.
Issues
- Whether to stay the execution of the judgment pending appeal
- Whether the Applicants have moved from the premises and sub-let it
Reasoning
The judgment involves termination of tenancy and eviction, and without a stay, the Applicants would suffer substantial loss. The allegation of sub-letting is unresolved.
Outcome
Order of stay granted
Orders
- Stay of execution pending appeal
- Applicants to continue paying rent
- Applicants to deposit Kshs.50,000 within 7 days
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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