Ann Wambui Muraya v Associated Electicals and Hardware Supplies Limited [2012] KEHC 2498 (KLR)
- Court
- High Court of Kenya
- Case number
- 2498
- Citation
- [2012] KEHC 2498 (KLR)
- Decided
- 21 August 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a mandatory injunction orderCoramM.K. Ibrahim, J.W. Mwera
Holding
The application for a mandatory injunction is dismissed
Facts
The appellant, Anne Wambui Muraya T/A Off Road Bar & Restaurant, was evicted from the premises she was operating as a tenant due to an eviction order issued for the entire premises, including her business 'LSMAF Enterprises'. She claims she was only evicted from the part known as 'LSMAF' and not her business 'Off Road Bar & Restaurant'.
Issues
- Whether a mandatory injunction for reinstatement can be granted to the appellant
- Jurisdiction of the court to issue mandatory injunction orders in an appeal
Reasoning
The court finds that the eviction order was directed at 'LSMAF' Enterprises and not 'Off Road Bar & Restaurant'. The court does not have jurisdiction to issue mandatory injunction orders in an appeal where the appeal did not have a prayer for injunction.
Outcome
The application is dismissed
Authorities cited
Cases cited (1)
- Rift Valley Agricultural Contractors Ltd Vs. Githae & co Accounts & Another [2005] eKLR
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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