Mombasa High Court Judge Dorah Chepkwony dismissed the application saying it was based on flimsy grounds and that the applicants failed to provide adequate reasons why the injunction orders should be given.
The tenants though their lawyer Elaine Mukoya have filed an application seeking orders to stop the agency from evicting them pending hearing and determination of their appeal.
The tenants have appealed against a High Court decision that dismissed their application to have the agency surrender the houses to them through mortgages.
More than 800 tenants at the National Housing Corporation (NHC) Changamwe rental estate have suffered a blow after a court refused to grant orders stopping their eviction from the state-owned premises.
Mombasa High Court Judge Dorah Chepkwony dismissed the application saying it was based on flimsy grounds and that the applicants failed to provide adequate reasons why the injunction orders should be given.
The tenants though their lawyer Elaine Mukoya have filed an application seeking orders to stop the agency from evicting them pending hearing and determination of their appeal.
The tenants have appealed against a High Court decision that dismissed their application to have the agency surrender the houses to them through mortgages.
In their appeal, the tenants want the ruling by Justice Chepkwony set aside arguing the judge dismissed their petition without considering weighty issues raised in the suit.
They also argue that the judge failed to realise that the events leading to the filling of the petition, as well as the parties involved were new.
The tenants claim the judge failed to take into consideration the fact that issues involved in the petition were of public interest and devised in a manner to settle issues between the parties.
The tenants faulted the judge saying she erred in law and fact in concluding that the suit was res judicata (had been adjudicated by a competent court and therefore could not be pursued further by the same parties).
Justice Chepkwony had in March dismissed a petition by the tenants in which they sought to compel the government agency to surrender the houses to them through mortgage. The judge dismissed the suit saying the petitioners failed to disclose there had been previous suits against the housing agency, and that the pleadings in the suit were similar the initial case.
The appellants want the Court of Appeal to make a determination that the NHC’s threat to evict them from the houses which they pay rent contravenes the Constitution. The appellants want the houses surrendered to them arguing they have been taking care of them.
They accused NHC of increasing rent without notice and backdating it to as far as 2009.
The appellants also want NHC barred from interfering with their peaceful stay in the houses until the Housing ministry states the correct rent to be paid.
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