COMARCO PROPERTIES LTD v ERES ENTERPRISES & ANOTHER [2007] KEHC 3116 (KLR)
- Court
- High Court of Kenya
- Case number
- 3116
- Citation
- [2007] KEHC 3116 (KLR)
- Decided
- 27 February 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCommercial Civil SuitPostureAppeal from a previous motionCoramJ.K. SERGON
Holding
The motion is struck out, and the defendants are directed to prosecute the pending application dated 24.4.2002.
Facts
Defendants filed a motion seeking mandatory and prohibitive injunctions, claiming unlawful eviction and protection as tenants. Plaintiff opposed the motion, citing lack of shop, hotel, or catering establishment within the premises.
Issues
- Defendants' right to be reinstated after eviction
- Plaintiff's claim of no shop, hotel, or catering establishment
Reasoning
Defendants' repeated motions are considered an abuse of the court process, and the merits of the motion are not considered due to the pending application.
Outcome
Defendants' motion is struck out.
Orders
- Strike out the defendants' motion
- Direct defendants to prosecute the pending application
Authorities cited
Legislation (2)
- Civil Procedure Act
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301 Laws of Kenya)
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.
Loading judgment…