P.J. Dave Flowers Limited v Limuru Hills Limited & 2 others (Civil Appeal 123 of 2019) [2022] KECA 129 (KLR) (18 February 2022) (Judgment)

Facts

P.J. Dave Flowers Limited sought an injunction against Limuru Hills Limited and ASL Credit Limited to restrain them from dealing with the suit premises. Limuru Hills Limited filed a preliminary objection, and the Environment and Land Court (ELC) dismissed P.J. Dave Flowers Limited's application and allowed ASL Credit Limited's application.

Issues

1. Whether P.J. Dave Flowers Limited had a prima facie case to apply for an injunction against the charge on the suit premises.
2. Whether the ELC erred in dismissing P.J. Dave Flowers Limited's application for an injunction and allowing ASL Credit Limited's application.

Reasoning

The ELC found that P.J. Dave Flowers Limited did not show that their purchaser's interest had been registered on the title of the suit property by the time the charge against the said property was registered, and that its caveat was registered on the title two years after the date of the charge and could not take precedence over the charge.

Outcome

The orders made by the ELC that the Appellant's suit against the 2nd Respondent be struck out are set aside, and the said suit shall be and is hereby reinstated and shall proceed to full hearing in the ELC.

Authorities cited