SAMMY KIPRUTO TONUI v JEREMIAH KOECH & another [2008] KEHC 359 (KLR)
- Court
- High Court of Kenya
- Case number
- 359
- Citation
- [2008] KEHC 359 (KLR)
- Decided
- 11 November 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for Mandatory InjunctionCoramM.A. ANG’AWA
Holding
A mandatory injunction is issued compelling the 1st and 2nd Defendants to unconditionally return the Plaintiff's goods and chattels as outlined in the application
Facts
The Plaintiff, Sammy Kipruto Tonui, was a tenant in premises Plot No. 41 Silibwet Market since August 2006. The 1st Defendant, Jeremiah Koech, without notice, closed the premises, disconnected electricity and water, and removed all tenants' goods on April 30, 2008.
Issues
- Whether a mandatory injunction should be issued
- Whether the 1st Defendant is entitled to levy distress for rent
Reasoning
The Business Premises Rent Tribunal had no jurisdiction to issue an injunction, and the 1st Defendant disobeyed the tribunal's orders by proceeding to levy distress. The Plaintiff's application for a mandatory injunction is granted.
Outcome
The Plaintiff is awarded the costs of the case
Orders
- A mandatory injunction is issued compelling the 1st and 2nd Defendants to unconditionally return the Plaintiff's goods and chattels as outlined in the application
- The Plaintiff is restrained to the suit premises including the return of electricity and water pending the hearing of the Business Premises Rent Tribunal case No. 41/08 at Nakuru. This case is stayed till finalization of that case
Remedies
- Return of goods and chattels
- Restraint of Plaintiff to the suit premises
Authorities cited
Legislation (1)
- Landlord and Tenants (shops, Hotel and catering establishment) Act Cap 301 (Laws of Kenya)
Cases cited (3)
- Kenya Breweries Ltd v. Okayo (2002) (1) EA 109
- Diamond Trust Bank (K) Ltd V Jaswinder Singh enterprises (1999) 2EA 72
- HCC 649/05 (Nairobi)
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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