Arthur Munene Mbogo v Veronica Rwamba Mbogo (Environment & Land Case 9 of 2017) [2018] KEELC 4846 (KLR)
The bottom line
#The Embu High Court refused to pause rent tribunal proceedings while a landlord's appeal was pending, because any harm could be fixed with a costs award.
What this practically means
#Executive summary
#Key legal issues
#Principles for granting stay of execution and stay of proceedings
The applicant must show substantial loss, that the application was made without unreasonable delay, and must furnish security under Order 42 Rule 6(2); for stay of proceedings, the test is whether it is in the interest of justice
The court restated Order 42 Rule 6(2) requirements and the Ringera J formulation from Global Tours & Travels Ltd, weighing expeditious disposal, arguability of the appeal, judicial time and expedition. It found the appeal arguable and the application filed with reasonable expedition.
Whether the appeal would be rendered nugatory without stay of proceedings
No; a successful appeal would nullify the Tribunal's proceedings and any loss could be compensated by costs, so the nugatory test was not satisfied
Applying Keter & 6 Others v Kiplagat, the court examined whether success of the appeal would be rendered nugatory. Since success would nullify the Tribunal's proceedings and decisions, and any inconvenience could be addressed by a suitable award of costs, the balance did not favour a stay.
Legal principles established
#- Where an applicant demonstrates that his appeal would be rendered nugatory unless stay is granted, that constitutes demonstration of substantial loss
Court orders
#- 1.The notice of motion dated 22nd September 2017 is dismissed
- 2.The costs of the application shall abide the result of the appeal
- On appeal from
- Business Premises Rent Tribunal
- Embu Tribunal Case No. 40 of 2017
- Jurisdiction invoked
- Appeal from the Business Premises Rent Tribunal; application under sections 1A, 1B and 3A of the Civil Procedure Act and Order 42 Rules 1 and 6 and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Arthur Munene Mbogo v Veronica Rwamba Mbogo (Environment & Land Case 9 of 2017) [2018] KEELC 4846 (KLR)", Case Analysis (2018). Embu Tribunal Case No. 40 of 2017 (appeal therefrom; notice of motion dated 22nd September 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4846/eng@2018-01-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.