[2013] KEHC 4797 (KLR)

[2013] KEHC 4797 (KLR)

The High Court found that the trial magistrate erred in refusing to grant the temporary injunctions sought by the appellant. The trial court had previously reinstated the injunctions on valid grounds, including lack of evidence of lawful termination or proper eviction procedures by the respondent. The issues of rent...

Source-derived case information.

Citation
[2013] KEHC 4797 (KLR)
Parties
Appellant: Samuel Ngugi Nyamu t/a Sams Barber, Beauty & Hair Dressing School; Respondent: Njengi Properties Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
8 March 2013
Case Number
Civil Appeal 509 of 2011
Procedural Posture
Civil Appeal / Judgment on Appeal From Interlocutory Injunction Ruling
Outcome
Appeal allowed with costs to the appellant. Matter remitted for hearing on substantive issues including damages.
Judges
DA Onyancha
Legal Topics
Landlord Tenant Disputes, Interlocutory Injunctions, Eviction Procedure, Breach of Lease, Damages for Eviction
Source Language
english
Land and Property Civil Procedure Landlord Tenant Disputes Interlocutory Injunctions Eviction Procedure Breach of Lease Damages for Eviction

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Parties

Samuel Ngugi Nyamu t/a Sams Barber, Beauty & Hair Dressing School

Appellant

Njengi Properties Limited

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Interlocutory Injunction Ruling

Legal Issues

  1. 1 Whether the trial court erred in refusing to grant temporary and mandatory injunctions to the appellant.
  2. 2 Whether the appellant was unlawfully evicted from the leased premises by the respondent.
  3. 3 Whether the appellant is entitled to damages for loss suffered as a result of the eviction.

Ratio Decidendi

The High Court found that the trial magistrate erred in refusing to grant the temporary injunctions sought by the appellant. The trial court had previously reinstated the injunctions on valid grounds, including lack of evidence of lawful termination or proper eviction procedures by the respondent. The issues of rent default, change of user, and validity of notice to terminate the tenancy were matters for determination at the full hearing, not at the interlocutory stage. The court held that the substratum of the suit was being destroyed by the discharge of the injunctions and that damages may be the appropriate remedy given the premises had already been occupied by a third party. The...

Court Disposition

Appeal allowed with costs to the appellant. Matter remitted for hearing on substantive issues including damages.

Orders

  • The appeal is allowed with costs to the appellant.
  • The suit below shall proceed to hearing for proof of breach of lease, lawfulness of eviction, and entitlement to damages.