REBECCA BRENDA JUMA V DONCOM LTD & ANOTHER [2012] KEHC 2297 (KLR)
- Court
- High Court of Kenya
- Case number
- 2297
- Citation
- [2012] KEHC 2297 (KLR)
- Decided
- 31 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for Temporary Injunction and Access to GoodsCoramB. THURANIRA JADEN
Holding
The temporary injunction is allowed on condition that the plaintiff pays the admitted rent of Kshs.684,973.93 plus auctioneers charges.
Facts
The plaintiff, Rebecca Brenda Juma, executed a franchise agreement with Doncom Ltd. for a restaurant at Holden mall. On April 15, 2012, Doncom Ltd. forced the plaintiff to close the restaurant alleging non-payment of rent. The plaintiff claims she paid Kshs.684,973.93, while Doncom Ltd. claims the rent was Kshs.1,371,164.50.
Issues
- Whether rent has been paid by the plaintiff
- Whether the plaintiff's goods belong to her
Reasoning
The plaintiff admitted owing Kshs.684,973.93, but did not explain why she had not paid it. The plaintiff's non-payment of rent led to the filing of the application, and she is in breach of the lease agreement.
Outcome
Temporary injunction granted
Orders
- Temporary injunction granted
- Access to plaintiff's goods granted on condition
Remedies
- Payment of admitted rent
- Auctioneers charges
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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