Muguna Andu Wholesaler Limited v Family Bank Limited [2017] KEELC 1497 (KLR)

Facts

The Plaintiff, Muguna Andu Wholesaler Limited, leased a commercial office space to the Defendant, Family Bank Limited, under a lease agreement for 10 years and 3 months. The Defendant has been paying rent up to May 2017, but issued a notice to terminate the agreement due to financial hardships. The Plaintiff had taken a loan facility from the Defendant, with the suit property as security.

Issues

1. Whether the Plaintiff is entitled to the injunctive relief regarding the rental income assignment.
2. Whether the Plaintiff will suffer irreparable injury that cannot be adequately compensated by damages.
3. Whether the balance of convenience tilts in favor of the Plaintiff to warrant the injunctive relief.

Reasoning

The Plaintiff did not establish a prima facie case for the injunctive relief. The Plaintiff's expectation from the Defendant to continue with the lease agreement was not legitimate. The Plaintiff's breach of contract can be adequately compensated by damages.

Outcome

Dismissed with costs