Samuel Kipkori Ngeno & another v Local Authorities Pension Trust (Registered Trustees) & another [2013] KEHC 6825 (KLR)
- Court
- High Court of Kenya
- Case number
- 6825
- Citation
- [2013] KEHC 6825 (KLR)
- Decided
- 29 November 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPosturePlaintiffs seek temporary injunction to restrain Defendants from attaching their goods for rentCoramKhaminwa
Holding
The temporary injunction is refused, and the interim injunction is vacated
Facts
The Plaintiffs owed rent to the 1st Defendant, which led to distress being levied against them. The Plaintiffs claimed they had paid the rent, but the 1st Defendant disputed this and levied distress again.
Issues
- Validity of the 2nd Defendant's proclamation of the Plaintiffs' goods
- Unlawfulness of the 1st Defendant's levying of distress
Reasoning
The Plaintiffs were in huge arrears of rent and could not be granted an equitable remedy due to their failure to meet their obligation to pay rent as and when it became due.
Outcome
The notice of motion is dismissed with costs to the Defendant
Orders
- Interim injunction granted on 23rd April 2012 is vacated
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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