RICHARD OLUM OMOLLO v MARGARET NDUHU GICHARU [2009] KEHC 3552 (KLR)
- Court
- High Court of Kenya
- Case number
- 3552
- Citation
- [2009] KEHC 3552 (KLR)
- Decided
- 12 June 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks an order staying execution of the orders issued by the Rent Restriction Tribunal pending the hearing of his appeal.CoramH. M. OKWENGU
Holding
The application is dismissed with costs.
Facts
The applicant was a tenant in premises demised to him by the respondent. The respondent ordered the applicant to pay Kshs.51,000/= together with costs and deliver vacant possession by 28th February, 2009, or be evicted. The applicant filed an appeal and sought an order for stay of execution.
Issues
- Whether the applicant was unlawfully evicted from the premises.
- Whether the applicant has demonstrated substantial loss that he is likely to suffer if the order for stay is not granted.
Reasoning
The applicant delayed in coming to court to seek an order for stay of execution and failed to demonstrate any substantial loss. The case of Francis Murithi Gituku t/a Gituku Enterprises and another vs Francis Mwaura Mweiga HCCA No.532 of 2007 is distinguishable.
Outcome
Dismissed with costs
Authorities cited
Cases cited (1)
- Francis Murithi Gituku t/a Gituku Enterprises and another vs Francis Mwaura Mweiga HCCA No.532 of 2007
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.
Loading judgment…