Zambezi Hospital Limited v Njiiri & 3 others (Environment & Land Case E033 of 2022) [2024] KEELC 1035 (KLR) (22 February 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1035
- Citation
- [2024] KEELC 1035 (KLR)
- Decided
- 22 February 2024
The court orders are varied, allowing the plaintiff to submit a proposal to clear rent arrears and adhering to a payment schedule, with the order for injunction subject to the plaintiff's compliance.
Facts
A lease agreement was made between the plaintiff and the 1st defendant. The plaintiff accumulated rent arrears and the 1st defendant took action, including locking the plaintiff out of the premises. The plaintiff filed a suit and the court issued orders to remove padlocks, return equipment, and prevent further interference.
Issues
- Whether the plaintiff has grounds to review the court orders
- Whether the plaintiff should be allowed to accumulate rent arrears while the suit is pending
Reasoning
The plaintiff has not paid rent and has not proposed a solution, while the 1st defendant has not returned the attached equipment. The court finds sufficient cause to vary the order.
Outcome
The court orders are varied.
Orders
- An order of injunction is issued restraining the defendants from interfering with the plaintiff's quiet possession
- The plaintiff is to submit a proposal to clear rent arrears within 30 days
- If the plaintiff fails to comply, the order for injunction will lapse
Remedies
- Varying the court orders to allow the plaintiff to submit a proposal and adhere to a payment schedule
Authorities cited
Legislation (1)
- Civil Procedure Act
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