EGYPTIAN ART GALLERY LIMITED V MODWAYS INVESTMENTS LIMITED [2009] KECA 337 (KLR)
- Court
- Court of Appeal
- Case number
- 337
- Citation
- [2009] KECA 337 (KLR)
- Decided
- 8 May 2009
The Court of Appeal dismissed the application for an injunction and stay of proceedings, finding that the High Court had jurisdiction to strike out the suit and that the applicant did not have a valid cause of action.
Facts
Egyptian Art Gallery Limited entered into a lease agreement with Modways Investments Ltd for a portion of their business premises. The lease was for six years, expiring on January 31, 2009. Eleven days before the lease expired, the applicant filed a suit claiming the lease was unconscionable and sought a declaration that it was null and void. The High Court dismissed the application and struck out the suit.
Issues
- Whether the High Court had jurisdiction to strike out the suit
- Whether the applicant can obtain an injunction pending the appeal
Reasoning
The Court of Appeal ruled that the High Court had jurisdiction to strike out the suit as it did not disclose a reasonable cause of action. The applicant's claim for an injunction was denied as there was no such prayer in the plaint.
Outcome
Application dismissed
Orders
- The Court dismissed the application for an injunction and stay of proceedings
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