Jeanne Odhalo,Thomas Abuoga,Samson Gachango,Ben Ashihundu,Christopher Ndichu Mbugua,Wahome Timothy Gatheru,Abraham Lisero v City Council of Nairobi (Civil Suit 623 of 2003) [2005] KEHC 2016 (KLR) (Civ) (3 February 2005) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2016
- Citation
- [2005] KEHC 2016 (KLR)
- Decided
- 3 February 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from original trialCoramShah
Holding
The court dismisses the applications with costs to the defendant.
Facts
The plaintiffs were tenants of the defendant in Woodley Estate and members of the Woodley Residents Welfare Society. They were evicted for non-payment of rent and were in arrears.
Issues
- Whether the plaintiffs are entitled to an injunction to restrain the defendant from allocating, selling, alienating, letting out House No. 142/31 Woodley Estate to any person and/or from terminating their tenancy until the application is heard and determined.
- Whether the plaintiffs are entitled to be put in possession of House No. 142/31 Woodley Estate pending the hearing of the application.
Reasoning
The court finds that the plaintiffs are not entitled to the mandatory relief sought as they are in arrears of rent and the remedy of an injunction is an equitable remedy.
Outcome
Dismissed with costs
Authorities cited
Cases cited (3)
- Wildlife Lodges Ltd t/a Landmark Hotel Ltd v Jacaranda CC 521 of 1999
- Kamau Mucuaia v Ripples Ltd CA No 186 of 1992
- Thompson v Park (1944) 2 ALL E.R 477
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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