Urembo Centre Limited v Dominic Thuita Samson Gathege & another [2018] KEELC 4842 (KLR)
- Court
- Environment & Land Court
- Case number
- 4842
- Citation
- [2018] KEELC 4842 (KLR)
The court issued an interim order restraining the defendants from illegally evicting or interfering with the plaintiff's quiet possession of the business premises.
Facts
The plaintiff, Urembo Centre Limited, entered into a lease agreement with the 1st defendant, Dominic Thuita Samson Gathege, for a portion of L.R. No. 209/7968. The lease was for a period of 5 years and 3 months, with the last payment made in August 2016. The 2nd defendant, G.N. Mburu, levied distress for rent, leading to eviction proceedings.
Issues
- Whether the plaintiff has a prima facie case to warrant issuance of an injunction.
- Whether the distress for rent was lawfully carried out.
Reasoning
The court found that the plaintiff had not demonstrated a prima facie case to warrant issuance of an injunction due to non-payment of rent and lack of evidence of ongoing negotiations. The distress for rent was carried out in accordance with the lease agreement.
Outcome
Interim injunction granted
Orders
- Interim order restraining defendants from illegally evicting or interfering with plaintiff's possession of business premises.
- Interim order restraining 1st defendant from terminating plaintiff's lease
Remedies
- Interim injunction
Authorities cited
Cases cited (1)
- Ripples Ltd vs Kamau Mucuha
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