LOCAL AUTHORITY PENSION TRUST LTD v JAMES KIONI & 31 others [2012] KEHC 5759 (KLR)
- Court
- High Court of Kenya
- Case number
- 5759
- Citation
- [2012] KEHC 5759 (KLR)
- Decided
- 3 August 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for restraining orders and to allow peaceful construction and improvement of the estate by the landlordCoramW. OUKO
Holding
An order of temporary injunction will issue restraining the respondents from interfering with or blocking the contractors engaged by the applicant to fence the premises. The applicant is at liberty to put the fence that suits it.
Facts
The applicant is the registered owner of parcels NAKURU/MUNICIPALITY BLOCK 2/131 and NAKURU/MUNICIPALITY BLOCK 2/104. The respondents are tenants of these properties. The applicant seeks to erect a fence and construct a guard house on the properties.
Issues
- Whether the applicant can erect a fence and construct a guard house on the properties
- Whether the applicant can evict the respondents from the properties if they obstruct the contractors
Reasoning
The applicant has the right to carry out outside renovations and improvements as implied by the lease terms. The respondents' opposition is without merit.
Outcome
The applicant will be awarded costs.
Orders
- Order of temporary injunction
Remedies
- Temporary injunction
Authorities cited
Legislation (1)
- Civil Procedures Rules
Cases cited (1)
- Geilla Vs. Cassman Brown & Co. Ltd. (1973) EA 358
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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