SAVINGS & LOAN KENYA LTD V. ODONGO

JUDGMENT

Nyarangi JA This is an appeal against an order of Aragon J made in the High Court, Mombasa and dated January 8, 1987. On November 5, 1981 the appellants as plaintiffs sued the respondents as defendants in the Rent Restriction Tribunal sitting at Mombasa. The decision of the Tribunal given on December 9, 1981 was that the plaintiff’s case had no merit and so it was dismissed with costs. The High Court, Mombasa, (Aragon J) heard an appeal against the judgment of the Rent Restriction Tribunal. The appeal was allowed with costs. That was followed by an application by chamber summons, under section 3 of the Civil Procedure Act and order XXI rule 22 of the Civil Procedure Rules for an order to stay the execution of the decree pending the hearing and determination of the application for review. The judge made an order in the following terms:

“Let stay of execution be granted provided appeal filed and served not later than February 8, 1987 and arrears of rent if any be paid forthwith a…