MICHAEL MUTUA MUTUKU t/a SUNRISE SECONDARY SCHOOL v PHILIP MAKANGA c/o VICTORY FAITH MINISTRIES & another [2012] KEHC 5749 (KLR)

Facts

The Applicant, Michael Mutua Mutuku, opened a school for girls named Sunrise Girls High School on land previously occupied by Esther Girls Mission School. The land was leased to the Applicant by the 1st Respondent, Philip Makanga, who later took over the management of the school. The Applicant claims the 1st Respondent failed to execute a lease agreement, while the 1st Respondent claims he called on the Applicant to execute the lease without success.

Issues

1. Whether the applicant has established a prima facie case for a temporary injunction.
2. Whether the court should grant the temporary injunction pending the hearing of the main suit.

Reasoning

The court finds that the Applicant has established a prima facie case and that failure to grant the injunction would cause irreparable injury to the Applicant's investments and reputation. The court grants the injunction to prevent the Respondents from interfering with the Applicant's management of the school.

Outcome

The court grants the temporary injunction.