SHADE MANUFACTURERS AND HOTEL LIMITED V. SERAH MWERU MUTUU, GRACE GACUKKU, VIRGINIA WANJIRU & LOUIS WAITHERA

RULING OF THE COURT

1. Before us is an application for stay of execution of a Ruling granted by the Environment and Land Court (ELC) sitting as an appeal court in a matter arising from the Business Premises Rent Tribunal in BPRT Case No. 95 of 2015 dated 15th December 2017. The applicant in this matter moved the Environment and Land Court sitting as an appeal court seeking an order to stay execution of the judgment and order of the Business Premises Rent Tribunal made on 13th October 2017. The BPRT had ordered the applicant to vacate the suit premises owned by the respondents. In a ruling delivered on 10th July 2018, the Environment and Land Court dismissed the application for stay. In dismissing the application, the learned judge expressed:

“The dispute relates to the termination of the appellant’s lease over the suit property. The appellant claims it has developed the suit property and stands to suffer if it is evicted from the suit property. The decision of the BPRT gave the appellan…