Elizabeth Wairimu Richard v Grace Muthoni Ndungu & 2 others [2005] KEHC 2864 (KLR)

Facts

The Plaintiff, Elizabeth Wairimu Richard, seeks an order of temporary injunction against her landlady, Grace Muthoni Ndungu, to restrain her from interfering with the Plaintiff's quiet occupation of a plot of land and from proceeding with the sale of the Plaintiff's properties pending the determination of a Business Premises Rent Tribunal case.

Issues

1. Whether the Plaintiff has a valid claim for a temporary injunction.
2. Whether the Plaintiff has come to equity with clean hands regarding the rent dispute.

Reasoning

The Plaintiff is in arrears of rent and has not paid the full rent even at the old rate. The court finds that the Respondent is entitled to distress for rent as a statutory right and there is prima facie evidence that the right has accrued to the Respondent.

Outcome

Dismissed with costs