[2024] KEELC 4428 (KLR)

[2024] KEELC 4428 (KLR)

The court found that the plaintiff failed to establish a prima facie case for the grant of an interlocutory injunction. The evidence showed that the plaintiff did not pay the full lease premium within the required time, failed to develop the suit land as stipulated in the Letter of Offer, and was in arrears for rent and service charges. The 1st defendant lawfully terminated the plaintiff's lease and entered into a new agreement with the 2nd defendant, who is now in possession under a valid lease. The plaintiff's delay and non-compliance with the terms of the Letter of Offer meant it did not approach the court with clean hands. As there is a subsisting agreement between the defendants and...

Citation
[2024] KEELC 4428 (KLR)
Parties
Plaintiff: Growthpoint Warehousing EPZ Limited; Defendant: Export Processing Zones Authority; Defendant: Top New Knitwear Manufacturing EPZ Limited
Court
Environment and Land Court
Court Station
Environment and Land Court at Machakos
Jurisdiction
Kenya
Judgment Date
30 May 2024
Case Number
Environment & Land Case E034 of 2023
Procedural Posture
Notice of Motion Application / Ruling on Interlocutory Injunction
Outcome
application dismissed
Judges
CA Ochieng
Legal Topics
Interlocutory Injunctions, Breach of Lease Agreement, Landlord Tenant Disputes, Specific Performance, Equitable Remedies
Source Language
English
Land and Property Civil Procedure Interlocutory Injunctions Breach of Lease Agreement Landlord Tenant Disputes Specific Performance Equitable Remedies

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Parties

Growthpoint Warehousing EPZ Limited

Plaintiff

Export Processing Zones Authority

Defendant

Top New Knitwear Manufacturing EPZ Limited

Defendant

Procedural Posture

Notice of Motion Application / Ruling on Interlocutory Injunction

Legal Issues

  1. 1 Whether the plaintiff is entitled to an interlocutory injunction restraining the defendants from leasing, trespassing, or interfering with LR No. 18474/59.
  2. 2 Whether the plaintiff has established a prima facie case to warrant injunctive relief.
  3. 3 Whether the plaintiff is entitled to cancellation of the agreement between the defendants regarding LR No. 18474/59.

Ratio Decidendi

The court found that the plaintiff failed to establish a prima facie case for the grant of an interlocutory injunction. The evidence showed that the plaintiff did not pay the full lease premium within the required time, failed to develop the suit land as stipulated in the Letter of Offer, and was in arrears for rent and service charges. The 1st defendant lawfully terminated the plaintiff's lease and entered into a new agreement with the 2nd defendant, who is now in possession under a valid lease. The plaintiff's delay and non-compliance with the terms of the Letter of Offer meant it did not approach the court with clean hands. As there is a subsisting agreement between the defendants and...

Court Disposition

application dismissed

Orders

  • The Notice of Motion dated 2nd October, 2023 is dismissed.
  • Costs will be in the cause.