Jacob O Ogandi v Thraya Amir Saary [2004] KEHC 1471 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

MISCELLANEOUS CIVIL APPLICATION NO. 492 OF 2004

JACOB O. OGANDI ……………………………………….. APPLICANT

V E R S U S

THRAYA AMIR SAARY …………………………………RESPONDENT

R U L I N G

This court is asked to stay Rent Restriction orders made on 10. 5.2005 under section 3A of Civil Procedure Act. The grounds advanced is that order takes effect as from 1. 6.2004 now past. The applicant is acting in person. He first approached the court on 3. 6.04. However there has been no objection that the time had expired and the order is not yet executed. Reason which the high court has been requested to grant orders is that Rent Tribunal is not likely to sit in Mombasa until the month of August. I have perused the application supporting affidavit together with opposition. I am convinced that it is reasonable to grant orders sought on temporary basis pending the hearing of the application before the Tribunal next time it sits in Mombasa. I allow application. Costs shall be in the cause. Dated this 25th day of June, 2004

J. KHAMINWA

JUDGE

Read in presence of S.M.Kimani.

Applicant in person.

J. KHAMINWA

JUDGE

25. 6.04