Orako Evans Oduor t/a Joint Basevana Enterprises Limited v Jeofrick N. Muinde t/a Kimu Auctioneers & another (Environment and Land Appeal 47 of 2023) [2024] KEELC 1764 (KLR) (9 April 2024) (Ruling)

Facts

The applicant, Orako Evans Oduor, sought an injunction against the respondents, Jeofrick N. Muinde and Ernest Bin Amito, to prevent them from carrying out any activity on the subject matter until the appeal is heard and determined. The respondents had threatened to levy a second distress for rent, which the applicant claimed was unjustified.

Issues

1. Whether the lease of land is a tenancy under Chapter 301 of the Laws of Kenya
2. Whether the trial court has jurisdiction over the dispute
3. Whether the interim injunction is appropriate

Reasoning

The court considered the principles governing injunctive relief and the jurisdiction of the trial court. The court held that the trial court lacked jurisdiction over the dispute and granted an interim injunction.

Outcome

The court granted an interim injunction.

Authorities cited