Edwin Njenga Kimani (T/A Neutral Pub & Restaurant) & another v View Point Limited [2013] KEHC 6741 (KLR)
- Court
- High Court of Kenya
- Case number
- 6741
- Citation
- [2013] KEHC 6741 (KLR)
- Decided
- 18 October 2013
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellants applied for a stay of execution of the Tribunal's order pending the appeal.CoramH. P. G. WAWERU
Holding
The Appellants' application for a stay of execution is dismissed with costs to the Respondent.
Facts
The Respondent served notices to terminate the Appellants' month-to-month tenancies, which were protected under the Landlord and Tenant (Shops, Hotels & Catering Establishments) Act. The Appellants contested the notices and appealed to the High Court.
Issues
- Whether the Appellants' appeal is arguable and has a probability of success.
- Whether the Appellants will suffer substantial loss if the stay is not granted.
- Whether the Appellants are willing and able to provide appropriate security.
Reasoning
The court found that the Appellants had more than one-and-a-half years to find alternative premises after being served with the notices to terminate their tenancies. The court also noted that the Appellants' tenancies were month-to-month and could only be terminated after due process under the Act.
Outcome
The application is dismissed with costs to the Respondent.
Orders
- Interim stay of execution now in place shall stand vacated on 31st December 2013.
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels & Catering Establishments) Act, Cap 301
- Civil Procedure Act, Cap 21
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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