Kings Motors Ltd v Shell & BP (Malindi) Kenya Ltd (Civil Application 336 of 2004) [2005] KECA 265 (KLR) (Civ) (4 February 2005) (Ruling)
- Court
- Court of Appeal
- Case number
- 265
- Citation
- [2005] KECA 265 (KLR)
- Decided
- 4 February 2005
The Court denied the application for stay of execution, finding that the intended appeal was not frivolous and that the appeal was not rendered nugatory.
Facts
The applicant, Kings Motors Ltd, entered the suit property (Nakuru Municipality/Block 11/650) in September 2004, after the tenant, Shell & BP (Malindi) Kenya Ltd, had vacated it. The tenant had previously leased the property to Agip (K) Ltd for a petrol service station, but the service station was not constructed. The tenant then applied for and obtained temporary injunctions against the applicant.
Issues
- Whether the applicant's entry into the property was a trespass
- Whether the tenant's breach of lease terms justified the landlord's repossession of the property
- Whether the temporary injunctions should be stayed pending the appeal
Reasoning
The Court held that the lease between the parties was still subsisting and that the tenant's breach of lease terms did not justify the landlord's repossession of the property. The Court also found that the applicant was not a trespasser and that the balance of convenience was in favor of the tenant.
Outcome
Application for stay of execution denied
Orders
- Temporary stay of execution of the two orders until the hearing and determination of the application
Remedies
- None
Authorities cited
Legislation (2)
- Companies Act
- Rules of the Court
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