KANTILAL NARSHI SHAH v DIPESH KANTILAL SHAH [2005] KEHC 62 (KLR)

Facts

The plaintiffs sought an injunction to restrain the defendant from entering their premises and removing their moveable goods. The plaintiffs also sought an injunction to restrain the defendant from levying distress upon the plaintiffs' property. The defendant opposed the application.

Issues

1. Whether the defendant's purported distress of the plaintiffs' property is contrary to the express agreement between the parties and the Arbitrator's Award
2. Whether the plaintiffs have adduced evidence to show that the defendant is in contempt of any order of the court

Reasoning

The evidence shows that the defendant agreed to the running of the second plaintiff's business on the suit property but the defendant avers that the second plaintiff's occupation and user was subject to the plaintiffs paying him half of the rent recoverable from the premises. The Arbitrator's Award confirmed that the defendant's attempt to levy distress against the first plaintiff's premises was not only irregular but unlawful.

Outcome

The Chamber Summons application is allowed but only in respect of an injunction in terms of prayer No. 3 thereof.