Amir Suleiman v Amboseli Resort Limited (Civil Case 1078 of 2003) [2004] KEHC 2624 (KLR) (Civ) (29 November 2004) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2624
- Citation
- [2004] KEHC 2624 (KLR)
- Decided
- 29 November 2004
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a trial court judgmentCoramOjwang, Ag., Hoffmann, Law, Shah
Holding
The court granted an injunction restraining the defendant from evicting and interfering with the plaintiff and his employees at the sub-leased shop and premises, pending the full hearing of the main suit.
Facts
The plaintiff Amir Suleiman applied for an injunction against the defendant Amboseli Resort Limited to prevent eviction and interference with his sub-leased shop and premises. The plaintiff claims he has a valid sub-lease agreement with the defendant, while the defendant argues the plaintiff is a trespasser.
Issues
- Whether the plaintiff has a valid sub-lease agreement
- Whether the defendant should be restrained from evicting the plaintiff and his employees
Reasoning
The court found that the plaintiff had a valid sub-lease agreement and that the defendant should not be allowed to evict the plaintiff without a full hearing.
Outcome
The plaintiff's application for an injunction was granted.
Orders
- An order of injunction to restrain the defendant from evicting and interfering with the plaintiff and his employees at the sub-leased shop and premises
Remedies
- Injunction
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Evidence Act
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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