Tusker Mattress Ltd v Bank of Baroda (Kenya) Ltd & another [2017] KEELC 2972 (KLR)
- Court
- Environment & Land Court
- Case number
- 2972
- Citation
- [2017] KEELC 2972 (KLR)
Summary at a glance
The Plaintiff's application for both a temporary and mandatory injunction is dismissed.
Facts
The Plaintiff, Tusker Mattress Ltd, had leased part of the suit premises to operate a supermarket. The first defendant, Bank of Baroda (Kenya) Ltd, was the registered owner of the property and was selling it to the second defendant, Junction Holdings Limited. The Plaintiff was in rent arrears and was offered a one-year licence fee to wind up its business.
Issues
- Whether the Plaintiff's application for a temporary injunction should be granted.
- Whether the Plaintiff's application for a mandatory injunction should be granted.
Reasoning
The Plaintiff failed to disclose its breach of the lease and was in rent arrears, disentitling it to the renewal of the lease and the equitable remedy of an injunction.
Outcome
The Plaintiff's application for both injunctions is dismissed.
Orders
- A mandatory injunction is not granted on an interlocutory application unless there are special circumstances.
- The Plaintiff should give vacant possession of the suit premises.
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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