[2018] KEELC 3925 (KLR)

[2018] KEELC 3925 (KLR)

The court found that the lease under which the 1st defendant occupied the suit premises expired by effluxion of time on 31/10/2016, and there was no evidence of any other lawful tenancy or relationship entitling continued occupation. The 1st defendant was therefore a trespasser. The plaintiffs' evidence of arrears and unlawful occupation was uncontroverted, as the defendants did not defend the suit or oppose the application. The court held that these circumstances constituted a clear case warranting the grant of a mandatory injunction at the interlocutory stage, but only in relation to the office space, not the parking bays, as the relevant licence was with a non-party. The court declined...

Citation
[2018] KEELC 3925 (KLR)
Parties
Plaintiff: Ismail Rahimtulla Trustees Registered; Plaintiff: Sony Holdings Limited; Defendant: The Joint Administrators - Spencon Kenya Limited (Under Administration); Defendant: Pragnesh Jitendra Patel; Defendant: Ashutosh Sharma
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Judgment Date
29 March 2018
Case Number
? 375 of 2017
Procedural Posture
Civil Suit / Ruling on Interlocutory Application for Mandatory Injunction
Outcome
Plaintiffs' application allowed in part; mandatory injunction granted for office space only; costs awarded to plaintiffs; remainder of claim to proceed to hearing.
Judges
BM Eboso
Legal Topics
Mandatory Injunction, Trespass to Land, Lease Expiry, Vacant Possession, Mesne Profits
Source Language
English
Land and Property Civil Procedure Mandatory Injunction Trespass to Land Lease Expiry Vacant Possession Mesne Profits

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Parties

Ismail Rahimtulla Trustees Registered

Plaintiff

Sony Holdings Limited

Plaintiff

The Joint Administrators - Spencon Kenya Limited (Under Administration)

Defendant

Pragnesh Jitendra Patel

Defendant

Ashutosh Sharma

Defendant

Procedural Posture

Civil Suit / Ruling on Interlocutory Application for Mandatory Injunction

Legal Issues

  1. 1 Whether the plaintiffs are entitled to a mandatory injunction compelling the 1st defendant to vacate the suit premises and restore them to their original state.
  2. 2 Whether the plaintiffs are entitled to similar relief in respect of the car parking bays.
  3. 3 Whether the Deputy Registrar can be directed to execute a surrender of lease on behalf of the 1st defendant.

Ratio Decidendi

The court found that the lease under which the 1st defendant occupied the suit premises expired by effluxion of time on 31/10/2016, and there was no evidence of any other lawful tenancy or relationship entitling continued occupation. The 1st defendant was therefore a trespasser. The plaintiffs' evidence of arrears and unlawful occupation was uncontroverted, as the defendants did not defend the suit or oppose the application. The court held that these circumstances constituted a clear case warranting the grant of a mandatory injunction at the interlocutory stage, but only in relation to the office space, not the parking bays, as the relevant licence was with a non-party. The court declined...

Court Disposition

Plaintiffs' application allowed in part; mandatory injunction granted for office space only; costs awarded to plaintiffs; remainder of claim to proceed to hearing.

Orders

  • The 1st defendant shall, within 15 days, vacate the suit premises and restore them to their original state at the commencement of the lease.
  • In default, the plaintiffs are at liberty to take possession of the suit premises through eviction and restore the premises themselves.