DAVID THIONG'O T/A WELCOME GENERAL STORES V. MARKET FANCY EMPORIUM

RULING OF THE COURT

This is an application under Rule 5 (2) (b) of the Court of Appeal Rules (Rules) for an order that:

“... the execution of the ruling and order of Hon. Mr. El Kindy delivered on 15^th November, 2005 be stayed pending the lodging, hearing and determination of the intended appeal against the ruling and order of Hon. Mr. Justice Visram delivered on 28^th February, 2007”.

The applicant has been a tenant of the respondent on L.R. No. 209/2648 Muindi Mbingu Street, Nairobi.

In or about 2004 the respondent sued the applicant in the Principal Magistrate’s Court at Milimani Commercial Courts, Nairobi – Civil Suit No. 12611 of 2004 for vacant possession on the ground that the applicant had neither complied with the notice to terminate the tenancy nor filed a reference in the Business Premises Rent Tribunal. The respondent filed a Defence and subsequently filed an application for summary judgment which was heard by El Kindy, Ag. Senior Principal Magistrate, and allowed in a terse ru…