Suleiman Murunga v Nilestar Holdings Limited & 5 others [2019] KEELC 4288 (KLR)
- Court
- Environment & Land Court
- Case number
- 4288
- Citation
- [2019] KEELC 4288 (KLR)
The court declines to grant a mandatory injunction and orders the 1st and 2nd Defendants to make good the damage and loss suffered by the Plaintiff, pay six months' rent, and submit a valuation report.
Facts
The Plaintiff, Suleiman Murunga, was evicted from his restaurant premises by the 1st and 2nd Defendants, Nilestar Holdings Limited and Green Valley Limited, who had unlawfully processed and obtained a title deed over the property. The Plaintiff claims the 1st and 2nd Defendants disobeyed and were in contempt of court orders.
Issues
- Who holds better title to the suit premises
- Whether a mandatory injunction is the most appropriate remedy
Reasoning
The court finds that a mandatory injunction is not appropriate due to the material alteration of the property and the Plaintiff's inability to be restored to the premises.
Outcome
The Plaintiff is awarded costs of the application to be borne by the 1st and 2nd Defendants.
Orders
- Order the 1st and 2nd Defendants to make good the damage and loss suffered by the Plaintiff
- Order the 1st and 2nd Defendants to pay six months' rent
- Order the Plaintiff to submit a valuation report
Remedies
- Compensation for damage and loss
- Reimbursement of rent
- Valuation report
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