Ali Yislam Hariz v Kenya Railways Corporation [2012] KEHC 1060 (KLR)
- Court
- High Court of Kenya
- Case number
- 1060
- Citation
- [2012] KEHC 1060 (KLR)
- Decided
- 3 October 2012
The Plaintiff's application for an injunction is allowed, restraining the Defendant from proceeding with the hearings and objections pending the hearing and determination of the matter.
Facts
The Plaintiff, Ali Yislam Hariz, leased land from the Defendant, Kenya Railways Corporation, under a lease agreement dated 10th September 1987. The Defendant issued a notice for the revision of rent on 13th October 2010, leading to a disagreement.
Issues
- Prematurity of the Plaintiff's action
- Validity of the rent revision
Reasoning
The Court found the Plaintiff's complaint to be a prima facie case, and the Defendant has not provided a legal basis for the rent revision. The Court interposed to restrain the revision as it is probably unfounded in law.
Outcome
The Plaintiff's application is allowed, and the Defendant is restrained from proceeding with the hearings and objections.
Orders
- Restraining the Defendant from proceeding with the hearings and objections pending the hearing and determination of the matter.
Remedies
- Restraining the Defendant from proceeding with the hearings and objections pending the hearing and determination of the matter.
Authorities cited
Legislation (2)
- Kenya Railways Act
- Lease Agreement
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