Jane Wanjiru Nderitu & another v Shima Properties Limited & another [2021] KECA 854 (KLR)

Facts

The applicants, Jane Wanjiru Nderitu and Les Carmes Limited, sought a temporary injunction to restrain the respondents, Shima Properties Limited and Mugesma Auctioneers, from alienating or disposing of the premises Fabian House and any other properties owned by the 1st applicant. The respondents were also ordered to refrain from demanding Kshs. 551,000 pending the interpartes hearing of the suit.

Issues

1. Whether the applicants had a prima facie case with a probability of success
2. Whether the applicants stood to suffer irreparable loss or damage that could not be compensated by an award of damages
3. Whether the applicants had met the second test for the grant of a temporary injunction

Reasoning

The learned Judge dismissed the application because the applicants had breached the Management Contract by defaulting in the payment of rent for the entire period of the tenancy, and the applicants did not stand to suffer any loss that would be irreparable or damage that could not be compensated by an award of damages.

Outcome

Application dismissed with costs to the 1st respondent

Authorities cited