SBS Dunhil Group (East Africa) Limited v Shah & 4 others (Environment and Land Case Civil Suit E112 of 2023) [2024] KEELC 3752 (KLR) (24 April 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3752
- Citation
- [2024] KEELC 3752 (KLR)
- Decided
- 24 April 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from the original trialCoramLN MBUGUA, J
Holding
The plaintiff's application for a temporary injunction is dismissed, and the court sets aside its previous directions.
Facts
SBS Dunhil Group (East Africa) Limited occupied a building on lease/licence basis, which ended in August 2023. The plaintiff claims the defendants should sell the property to them, but the defendants are evicting them.
Issues
- Whether the plaintiff has a case for a temporary injunction
- Whether the Registrar of Lands should be restrained from further dispositions
- Whether the plaintiff should be granted leave to amend their pleadings
- Whether the plaintiff has a case for setting aside the court's directions
Reasoning
The plaintiff did not establish a prima facie case for a temporary injunction and failed to show irreparable injury that cannot be compensated by damages.
Outcome
Appeal dismissed
Orders
- The application dated 9.10.2023 is dismissed in its entirety with costs to the defendants.
- The application dated 18.1.2024 is allowed in the following terms: (a) The orders of 20.12.2023 are hereby set aside.
- (b) The Land Registrar is joined in these proceedings. To this end, the plaint is to be amended accordingly. The amended plaint is to be filed and served within 30 days along with summons to enter appearance upon the new party, failure to which, the order allowing the amendment shall lapse.
- (c) The plaintiff is condemned to pay costs of the said application to the defendants.
Remedies
- Costs to the defendants
Authorities cited
Cases cited (2)
- Nguruman Ltd v Jan Baide Nielsen & 2 Others [2014] eKLR
- Hasham Lalji Properties Limited v Philip Kimaiyo Komen & 2 others [2017] eKLR
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.
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