Playstreet Kindergarten Ltd v All Africa Conference of Churches & Registered Trustees [2017] KEELC 2520 (KLR)
- Court
- Environment & Land Court
- Case number
- 2520
- Citation
- [2017] KEELC 2520 (KLR)
- Decided
- 28 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunction ReviewPostureApplication for review of injunctive orderCoramK. BOR
Holding
The court finds that there was an error on the face of the record and varies the order to allow the Defendant to dispose of the Suit Property.
Facts
The Plaintiff sought an injunction restraining the Defendant from alienating the Suit Property until the suit is heard and determined. The Defendant applied to review the order on the basis that the lease on which the injunction was granted was not registered.
Issues
- Whether a tenant can restrict a landlord from disposing of its property.
- Whether the court erred by relying on an unregistered lease in granting the injunction.
Reasoning
The court found that the Plaintiff’s grievance related to a notice of eviction and demand for rent arrears, not the sale of the property. The lease was not registered, and the court could not rely on it to grant the injunction.
Outcome
The application is allowed, and the Defendant is permitted to dispose of the Suit Property.
Orders
- To remove the restriction on alienating the Suit Property
Remedies
- To allow the Defendant to dispose of the Suit Property subject to the Plaintiff’s lease
Authorities cited
Legislation (3)
- Registration of Documents Act
- Civil Procedure Act
- Land Act
Cases cited (3)
- Chon Jeuk Suk Kim and another V E.J. Austin & 2 others (2013) eKLR
- Bachelors Bakery Ltd V Westlands Securities Ltd (1982) eKLR
- Garibi Ltd V Ogilvi East Africa Ltd (2014) eKLR
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…