Namsi Interiors Limited v Sameer Business Park Limited [2017] KEELC 1803 (KLR)
- Court
- Environment & Land Court
- Case number
- 1803
- Citation
- [2017] KEELC 1803 (KLR)
- Decided
- 22 September 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPosturePlaintiff seeks temporary injunction against Defendant's sale of movable assetsCoramMARY M. GITUMBI
Holding
Application dismissed with costs to Defendant
Facts
Plaintiff is a tenant of Defendant's business park. Plaintiff failed to pay rent, leading Defendant to lock up the premises and issue a distress notice. Plaintiff then advertised the sale of her movable assets.
Issues
- Plaintiff's entitlement to a temporary injunction
- Defendant's right to distrain and sell the movable assets
Reasoning
Plaintiff failed to show a prima facie case with a probability of success, and Defendant was entitled to distrain and sell the movable assets as per the Distress for Rent Act.
Outcome
Application dismissed
Authorities cited
Legislation (1)
- Distress for Rent Act
Cases cited (2)
- Giella vs. Cassman Brown
- Nguruman Ltd vs. Jan Bonde Nielsen
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.
Loading judgment…