[2012] KEHC 3306 (KLR)
The court found that the applicants had established a prima facie case for the grant of a temporary injunction, as the defendant had not provided justification for its conduct in interfering with the applicants' occupation of the market stall. To preserve the status quo and prevent possible irreparable harm, the...
Source-derived case information.
- Citation
- [2012] KEHC 3306 (KLR)
- Parties
- Applicant: Beatrice Wanjiru Njoroge; Applicant: Lucy Muthoni Njoroge; Respondent: City Council of Nairobi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 18 of 2012
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Application for Injunction and Rent Deposit
- Outcome
- interlocutory injunction granted; rent to be deposited in court; costs to applicants
- Legal Topics
- Interlocutory Injunctions, Rent Deposit Orders, Quiet Enjoyment of Property, Eviction Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beatrice Wanjiru Njoroge
Applicant
Lucy Muthoni Njoroge
Applicant
City Council of Nairobi
Respondent
Procedural Posture
Civil Suit / Ruling on Interlocutory Application for Injunction and Rent Deposit
Legal Issues
- 1 Whether the applicants are entitled to an interlocutory injunction restraining the defendant from interfering with their occupation of the premises pending determination of the suit.
- 2 Whether the applicants should be compelled to deposit rent into court pending the hearing and determination of the suit.
Ratio Decidendi
The court found that the applicants had established a prima facie case for the grant of a temporary injunction, as the defendant had not provided justification for its conduct in interfering with the applicants' occupation of the market stall. To preserve the status quo and prevent possible irreparable harm, the court ordered that the applicants deposit all rents into the High Court with notice to the defendant. The court further restrained the defendant, its servants, and agents from interfering with the applicants' quiet occupation of Stall No.157 within Kariokor Market or evicting them pending the determination of the suit. The orders were made to ensure fairness and to prevent abuse...
Court Disposition
interlocutory injunction granted; rent to be deposited in court; costs to applicants
Orders
- Applicants to deposit all rents to the High Court with notice to the defendant.
- Temporary injunction issued restraining the defendant, its servants, and agents from interfering with the applicants' occupation of Stall No.157 within Kariokor Market or evicting them.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
CIVIL SUIT 18 OF 2012
BEATRICE WANJIRU NJOROGE
LUCY MUTHONI NJOROGE..................................PLAINTIFF/APPLICANT
-VERSUS-
CITY COUNCIL OF NAIROBI....................... DEFENDANT/RESPONDENT
RULING
Application dated 6th December 2011 is brought under Order 40 rules 1, 2m 4 and 11 of Civil Procedure Code 2010 and under Section 3A of Civil Procedure Act and Section 145 (p) (v) of Local Government Act Cap.365.
The applicants seeking orders that pending the hearing and determination of this application inter partes and thereafter of the suit the defendant be compelled to collect all pending rent from the applicants or the applicants do deposit their monthly rents when the same falls due into this court. Also that pending the hearing and determination of this suit injunction be granted to restrain the defendant by itself, its servants or agents in any manner from interfering with the applicant’s quiet occupation of premises stall No.156 within Kariokor Market and from evicting the applicants therefrom.
The application is grounded on the 19 grounds stated and affidavit Lucy Muthoni Njoroge attached.
The court has perused the application together with supporting affidavit. It is not clear why the defendant a local authority has taken to conduct itself in the manner stated. I order that the applicants shall henceforth deposit all rents to the High Court with notice to the defendant. Temporary injunction is hereby issued against the defendant restraining the defendant by itself its servants and or agents from interfering with the applicant’s quiet occupation of the said premises Stall No.157 within Kariokor Market and from evicting the applicants therefrom.
Orders accordingly.
Defendant shall pay costs of this application.
Dated and delivered at Nairobi this 27th June 2012.
J.N. KHAMINWA
JUDGE