Lisa Paper Works Ltd v Francis Major Watunu (Suing as the Administrator(s) of the Estate of Wangeci Kibithe Kamwara) Mama Mombasa Group Ltd [2018] KEELC 76 (KLR)
- Court
- Environment & Land Court
- Case number
- 76
- Citation
- [2018] KEELC 76 (KLR)
- Decided
- 3 July 2018
The court grants a temporary injunction restraining the defendant from evicting the plaintiff from the suit premises and permits the plaintiff to continue paying the increased rent pending the hearing and determination of the substantive suit.
Facts
The plaintiff, Lisa Paper Works Ltd, is a tenant of the defendant, Francis Major Watunu (as Administrator of the Estate of Wangeci Kibithe Kamwara), in a shop in Kitale CBD since 19th March, 2013. The lease was to expire on 30/5/2018. The plaintiff seeks an order of temporary injunction and permission to continue paying increased rent.
Issues
- Whether the plaintiff has a prima facie case for a temporary injunction.
- Whether the defendant's demand for a goodwill amount is valid and enforceable.
Reasoning
The court finds that the plaintiff has established a prima facie case and that the plaintiff would suffer irreparable harm if the injunction is not granted. The court also notes that the plaintiff has paid the rent for the term and has deposited an advance rent for the new term.
Outcome
Grant of Temporary Injunction
Orders
- Order of Temporary Injunction
- Permission to continue paying increased rent
Remedies
- Temporary Injunction
- Permission to continue paying increased rent
Authorities cited
Cases cited (1)
- Giella –vs- Cassman Brown 1973 EA 358
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