Paragon Electronics Limited & another v Esufali & another (Environment & Land Case 178 of 2017) [2022] KEELC 2871 (KLR) (12 May 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 2871
- Citation
- [2022] KEELC 2871 (KLR)
- Decided
- 12 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramMOGENI J.
Holding
The court finds that the termination of the car parking license agreement was valid and the plaintiffs are entitled to the reliefs sought.
Facts
Paragon Electronics Limited and Remax Property Management Ltd filed a suit against Yusuf Sharafally Esufali and Amama Yusuf Sharafally Esufali seeking termination of the car parking license agreement dated November 30, 2015.
Issues
- whether the termination of the car parking license agreement was valid
- whether the plaintiffs are entitled to the reliefs sought
Reasoning
The court held that the agreement was valid and binding as it was formed with legal minimum elements and valid consideration. The plaintiffs are entitled to a permanent injunction and parking fees.
Outcome
Appeal dismissed
Orders
- Permanent injunction restraining the defendants from parking more than two vehicles at the premises
- Payment of Kshs 300 per day per motor vehicle for the two extra vehicles parked at the premises for 90 days
Remedies
- Permanent injunction
- Payment of parking fees
Authorities cited
Cases cited (6)
- National Bank of Kenya Ltd v Pipe Plastic Samkolit (K) Ltd & Another [2002] EA 503
- Margaret Njeri Muiruri v Bank of Baroda (Kenya) Limited [2014] eKLR
- Rufale v Umon Manufacturing Co (Ramsboltom) [1918] LR 1KB 592
- Attorney General of Belize et al Vs Belize Telecom Ltd & Another (2009) 1WLR 1980
- All Card v Skinner [1887] 36 Ch D 145
- Bank of Credit and Commerce International SA v Aboody [1992] 4 All ER 955
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…