ELITE BOOK CENTRE LIMITED, KENAGU ENTERPRISES LIMITED, WORKSHOP SUPPLIES LIMITED, GROWERS CAFÉ LIMITED, BURGERLAND FAST FOODS LIMITED, AMIRALI H.M. MAPARA AND SHIRIN AMIRALI HASSAN ALI T/A ORBIT FAST FOODS & ELIZABETH OYUGI OKELLO T/A LIMODA FASHIONS AND EXHIBITION CENTRE V MERU CENTRAL FARMERS (COFFEE)CO-OPERATIVE UNION LIMITED (Environment & Land Case 534 of 2010) [2012] KEHC 3345 (KLR) (Environment and Land) (8 February 2012) (Ruling)
- Court
- High Court of Kenya
- Case number
- 3345
- Citation
- [2012] KEHC 3345 (KLR)
- Decided
- 8 February 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for Temporary InjunctionCoramP. NYAMWEYA
Holding
The Plaintiffs' application for a temporary injunction is allowed.
Facts
The Plaintiffs are tenants of the Defendant in Imenti House Building, situated on LR No. 209/2437 in Nairobi. The Defendant served a notice to vacate the premises by 30th November 2010, and the Plaintiffs sought an injunction to restrain the Defendant from demolishing the building and evicting them.
Issues
- Jurisdiction of the Court
- Adequacy of Damages as a Remedy
Reasoning
The Court finds that the Plaintiffs have established a prima facie case and that damages are not an adequate remedy for the Plaintiffs' controlled tenancy.
Outcome
Temporary injunction granted
Orders
- Restraining the Defendant from demolishing Imenti House Building and evicting the Plaintiffs
Remedies
- Temporary injunction
Authorities cited
Legislation (2)
- Landlord and Tenants (Shops, Hotels and Catering Establishments) Act (Cap 301)
- Civil Procedure Act (Cap 21)
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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