BENEDICT KILONZO MWENGA V PETER MUNUVE MWANGANGI & ANOTHER [2012] KEHC 4390 (KLR)
- Court
- High Court of Kenya
- Case number
- 4390
- Citation
- [2012] KEHC 4390 (KLR)
- Decided
- 5 March 2012
The court granted the application for a stay of execution, allowing the tenant to remain in the premises until the finalization of the appeal.
Facts
The tenant, Benedict Kilonzo Mwenga, was served with a notice to terminate his tenancy due to non-payment of rent. The Business Premises Rent Tribunal ordered him to vacate the premises by January 1, 2012. The landlord then rented the premises to a new tenant and required the tenant to vacate before January 1, 2012. The tenant filed an appeal and applied for a stay of execution.
Issues
- Whether the notice to vacate the premises was valid
- Whether the tenant's business would be rendered useless if evicted
- Whether the landlord's argument about the 10% charge on arrears was valid
Reasoning
The court found that the notice to vacate the premises was not valid as it did not comply with the 30-day period required by law. The court also considered the substantial loss the tenant would suffer if evicted, including the loss of his business.
Outcome
The tenant's application for a stay of execution was granted.
Orders
- Stay of execution of the tenant being terminated and evicted from his premises till the finalization of this appeal to be heard before two judges.
- Security of Ksh. 500,000/- provided by way of a bank's guarantee and or insurance guarantee and or cash deposited in the joint account of the two advocates.
- Rent of Ksh. 30,000/- to be paid per month to the landlord, failure to which parties be at liberty to apply.
Remedies
- Stay of execution of the tenant's eviction until the appeal is heard.
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