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Jay Raj Enterprises Ltd v Lucky Distributors Ltd & 3 others [2014] KEELC 583 (KLR)

[2014] KEELC 583 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
583
Citation
[2014] KEELC 583 (KLR)
Decided
26 June 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trial judgmentCoramJ. M. MUTUNGI
Holding

The court clarifies that the exact rent payable per month by the plaintiff to the 1st defendant is Kshs.137,170/- per month.

Facts

The plaintiff, Jay Raj Enterprises Ltd, seeks clarification on the exact rent payable per month by the plaintiff to the 1st defendant, Lucky Distributors Ltd, and an order of restraint against the 1st defendant to prevent interference with the plaintiff's quiet possession of the suit premises.

Issues

  1. Clarification of rent payable per month
  2. Order of restraint against the 1st defendant

Reasoning

The court ruled that the plaintiff's rent of Kshs.137,170/- per month was correct and the 1st defendant's insistence on Kshs.580,000/- per month was a misrepresentation.

Outcome

The plaintiff's application for clarification of rent and order of restraint was granted.

Orders

  • Clarification of rent payable per month by the plaintiff to the 1st defendant is Kshs.137,170/- per month.
  • Order of restraint against the 1st defendant to prevent interference with the plaintiff's quiet possession of the suit premises, L.R. NO.209/9792/17, pending the hearing and determination of the application dated 17th January 2013.

Remedies

  • Deposit of rent payable of Kshs.137,172/- per month in court or such other place as the court may deem appropriate.

Authorities cited

Legislation (1)
  • Civil Procedure Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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