Windsor Drycleaners Ltd v Regent Management Ltd & another [2021] KEELC 2519 (KLR)
- Court
- Environment & Land Court
- Case number
- 2519
- Citation
- [2021] KEELC 2519 (KLR)
Summary at a glance
TypeInjunction ApplicationPostureApplication for Temporary Injunction DismissedCoramS. Okongo
The plaintiff's application for a temporary injunction is dismissed with costs to the defendants.
Facts
The plaintiff, Windsor Drycleaners Ltd, is a tenant of the 2nd defendant, Regent Management Ltd, on the suit property. The 1st defendant, Muthaiga Road Trust Co. Ltd, manages the property on behalf of the 2nd defendant. The plaintiff claimed that the defendants levied distress for rent against it, but the defendants argued that the plaintiff owed rent and service charge.
Issues
- Whether the plaintiff has established a prima facie case against the defendants
- Whether the plaintiff is entitled to an equitable relief of injunction
Reasoning
The court found that the plaintiff had not paid rent for March, 2020 and two quarters covering April, 2020 to September, 2020, and that the plaintiff's statement of account did not reflect a true picture of the rent and service charge due at the time of distress.
Outcome
Application dismissed
Orders
- Interim order granting injunction discharged
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