Starnet Investments Limited v Rukia Salim [2017] KEELC 1545 (KLR)
- Court
- Environment & Land Court
- Case number
- 1545
- Citation
- [2017] KEELC 1545 (KLR)
The plaintiff is entitled to continue using parking bays No. 25 and No. 26 until SR Flats Limited or Maple Management Limited allocates to him new parking bays in writing.
Facts
The plaintiff is the leasehold proprietor of Apartment Number 62 on the 6th floor of Connaught Apartments, with a lease dated 8th December, 1998. The plaintiff claims to have used parking bays No.25 and No.26 since 1998. The defendant claims to have been allocated parking bay No.25 by Gimco Limited, the former managers of the suit property.
Issues
- Whether the plaintiff is entitled to continue using parking bays No. 25 and No. 26
- Whether the defendant has a right to park her car on parking bay No.25
Reasoning
The plaintiff has established a prima facie case against the defendant and would suffer irreparable harm if the injunction is not granted. The plaintiff has not been allocated another parking bay.
Outcome
The plaintiff's application dated 4th May, 2015 is allowed in terms of prayer 3 thereof.
Orders
- The injunction granted herein shall remain in force until the hearing and determination of the suit or for a period of 12 months from the date hereof whichever comes earlier.
Remedies
- Temporary injunction
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