JUDGMENT OF THE COURT
[1]. This is an appeal from the ruling of the High Court, (Muga Apondi, J.) granting an interlocutory injunction restraining the appellant from increasing rent for dwelling premises pending the hearing of a suit filed by the respondents.
[2]. By a plaint filed on 28th September 2009, by the respondents in their own names, the latter alleged that the applicant had by a notice dated 24th July, 2009 increased the rent for the premises leased to the three respondents and twenty seven other tenants from Kshs.16,000/= per month to Kshs. 37,000/= in breach of section 34 of the Retirement Benefits (Occupational Retirement Benefits Scheme) Regulations, 2000. The respondents averred that the said Regulations required the appellant to renovate and have the premises valued before increasing the rent which the appellant had neglected to do.
Although the respondent brought the suit in their individual names they averred in the body of the plaint that the suit was brought on their…