Elizabeth Njeri Ndaru & 4 others v Joska Enterprises [2014] KEHC 2087 (KLR)

Facts

The Plaintiffs/Applicants are lessees of the suit property, a parcel of land known as L. R. No. 11521. They claim to have the right to extract building materials from the property for a term of 10 years under a Lease Agreement dated 20th May 2011. The Defendant/Respondent is the registered proprietor of the property and has informed the Plaintiffs that it wishes to terminate the lease agreement before its expiry.

Issues

1. Whether to grant the Plaintiffs a temporary injunction to restrain the Defendant from evicting them, entering, repossessing or interfering with their use of the suit property pending the hearing and determination of the Application and suit.
2. Whether damages would suffice to fully compensate the Plaintiffs for the loss they have suffered.

Reasoning

The Plaintiffs have established a prima facie case with high chances of success at the main trial. However, they have not proven that damages would not adequately compensate them for the loss they have suffered. The second condition set out in the case of Giella v. Cassman Brown is not fulfilled.

Outcome

Dismissed

Authorities cited