Complete Video Ltd v Joseph Stephen Muriu & another [2005] KEHC 1509 (KLR)
- Court
- High Court of Kenya
- Case number
- 1509
- Citation
- [2005] KEHC 1509 (KLR)
- Decided
- 23 June 2005
The application is allowed in terms of prayer 2 until the hearing and determination of the suit. Costs in the cause.
Facts
The plaintiff, Complete Video Ltd, sought an order restraining the defendants, Joseph Stephen Muriu and Wamatu Njoroge, from seizing and selling the plaintiff's assets proclaimed on January 28, 2005. The plaintiff claimed the defendants' title to the property was fraudulent and that the landlord-tenant relationship had ceased due to the property's transfer to a third party.
Issues
- Fraudulent title to the property
- Cease of landlord-tenant relationship
Reasoning
The plaintiff's sworn affidavit indicated that the property had a questionable title and had been transferred to a third party prior to the date of proclamation, thus ceasing the landlord-tenant relationship. The court found the defendants' title to be fraudulent and the landlord-tenant relationship to have ceased.
Outcome
Allowed
Orders
- Restraining order against seizure and sale of assets
Remedies
- Costs in the cause
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Distress for Rent Act Cap 293
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