Sankale v Karasha (Tribunal Case E415 of 2022) [2022] KEBPRT 717 (KLR) (16 September 2022) (Ruling)

Facts

Alfred Karasha Sankale, the applicant, filed a reference against Simon Joseph Karasha, the respondent, seeking restraining orders and a temporary injunction against eviction from the suit premises Laiser Farmers Bar and Restaurant. The applicant claims he is the rightful owner of the premises and has moved the court of appeal to declare him so. The respondent contends he is the registered proprietor and has terminated the tenancy.

Issues

1. Whether the applicant is entitled to the reliefs sought in the application dated 16th May 2022.
2. Who is liable to pay costs.

Reasoning

The Tribunal applied the principles for issuance of a temporary injunction, stating that the applicant must show a prima facie case with a probability of success and that an injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury. The Tribunal concluded that the applicant has not shown a prima facie case.

Outcome

The application was dismissed.

Authorities cited