CHANIA SHUTTLE LIMITED V KENOL KOBIL LIMITED [2012] KEHC 3042 (KLR)
- Court
- High Court of Kenya
- Case number
- 3042
- Citation
- [2012] KEHC 3042 (KLR)
- Decided
- 23 July 2012
The court declines to grant the injunction sought by the plaintiff but restrains the defendant from evicting the plaintiff from the suit premises for a period of 21 days to enable the plaintiff to relocate.
Facts
The plaintiff, Chania Shuttle Limited, entered into an agreement with the defendant, Kenol Kobil Limited, in 2009 to use a portion of the defendant's land near Kobil River Road for setting up a booking office and parking lot. The plaintiff has been operating there for the last 4 years and has accumulated goodwill. The defendant gave the plaintiff a 14-day notice of termination on February 9, 2012, which was served on February 20, 2012.
Issues
- Whether the plaintiff has a right to peaceful possession of the land
- Whether the defendant's notice of termination was valid
Reasoning
The court finds that the plaintiff has not demonstrated a right that has been infringed and that the notice was not too short to be considered irreparably harmful.
Outcome
Application dismissed with costs to the defendants
Orders
- Restrain the defendant from evicting the plaintiff from the suit premises for a period of 21 days to enable the plaintiff to relocate
Remedies
- Restraining order
Authorities cited
Legislation (1)
- Civil Procedure Act
Loading judgment…