Aero Medical Solutions Limited v Flight Training Centre Limited (Commercial Case E484 of 2025) [2026] KEHC 6004 (KLR) (Commercial and Tax) (30 April 2026) (Ruling)

Aero Medical Solutions Limited v Flight Training Centre Limited (Commercial Case E484 of 2025) [2026] KEHC 6004 (KLR) (Commercial and Tax) (30 April 2026) (Ruling)

The Plaintiff failed to establish a prima facie case with probability of success, did not demonstrate irreparable harm as losses are quantifiable and compensable by damages, and the balance of convenience favours maintaining the status quo. The contested facts and legal characterizations require full trial and...

Source-derived case information.

Citation
[2026] KEHC 6004 (KLR)
Parties
Plaintiff/applicant: Aero Medical Solutions Limited; Defendant/respondent: Flight Training Centre Ltd
Court
High Court
Jurisdiction
Kenya
Judgment Date
30 April 2026
Case Number
Commercial Case E484 of 2025
Procedural Posture
Civil (commercial) Application / Ruling on Interlocutory Injunction
Outcome
Application dismissed
Legal Topics
Interlocutory Injunctions, Aircraft Lease Agreements, Repossession, Mandatory Injunctions, Status Quo Orders
Source Language
english
Commercial Law Contract Law Interlocutory Injunctions Aircraft Lease Agreements Repossession Mandatory Injunctions Status Quo Orders

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Summary, issues, holding and outcome

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Parties

Aero Medical Solutions Limited

Plaintiff/applicant

Flight Training Centre Ltd

Defendant/respondent

Procedural Posture

Civil (commercial) Application / Ruling on Interlocutory Injunction

Legal Issues

  1. 1 Whether the Plaintiff has met the threshold for grant of interlocutory injunction and mandatory orders
  2. 2 Whether the Plaintiff has demonstrated a prima facie case with probability of success
  3. 3 Whether irreparable injury has been demonstrated

Ratio Decidendi

The Plaintiff failed to establish a prima facie case with probability of success, did not demonstrate irreparable harm as losses are quantifiable and compensable by damages, and the balance of convenience favours maintaining the status quo. The contested facts and legal characterizations require full trial and cannot be resolved at the interlocutory stage.

Court Disposition

Application dismissed

Orders

  • Notice of Motion dated 15th July 2025 is dismissed.
  • Status quo in respect to the aircraft to be maintained pending determination of the suit.