[2010] KEHC 2555 (KLR)
The court found that the plaintiff had established a prima facie case with a probability of success based on the lease agreement prepared by the defendant's advocate and the consent order in BPRT case No.829/09. These documents demonstrated the plaintiff's right to occupy the ground floor of LR NO.209/136/109....
Source-derived case information.
- Citation
- [2010] KEHC 2555 (KLR)
- Parties
- Plaintiff: Stephen Njoroge Kamau; Defendant: Kaur N. Sehmi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 912 of 2009
- Procedural Posture
- Civil Case / Interlocutory Application (chamber Summons) for Injunction
- Outcome
- Interlocutory injunction granted in favour of the plaintiff; costs of the application to the plaintiff.
- Judges
- FI Koome
- Legal Topics
- Injunctive Relief, Landlord Tenant Disputes, Lease Agreements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Njoroge Kamau
Plaintiff
Kaur N. Sehmi
Defendant
Procedural Posture
Civil Case / Interlocutory Application (chamber Summons) for Injunction
Legal Issues
- 1 Whether the plaintiff is entitled to an interlocutory injunction restraining the defendant from interfering with his occupation of LR NO.209/136/109.
- 2 Whether the plaintiff has established a prima facie case with a probability of success.
Ratio Decidendi
The court found that the plaintiff had established a prima facie case with a probability of success based on the lease agreement prepared by the defendant's advocate and the consent order in BPRT case No.829/09. These documents demonstrated the plaintiff's right to occupy the ground floor of LR NO.209/136/109. Consequently, the court granted the interlocutory injunction restraining the defendant from interfering with the plaintiff's peaceful occupation of the premises until the determination of the suit.
Court Disposition
Interlocutory injunction granted in favour of the plaintiff; costs of the application to the plaintiff.
Orders
- Prayer (c) of the Chamber Summons dated 17th December 2009 is granted and shall remain in force until the determination of the suit.
- The defendant is restrained from interfering with the plaintiff's peaceful occupation of LR NO.209/136/109 along Kilome Road, Nairobi until the suit is determined.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Civil Case 912 of 2009
STEPHEN NJOROGE KAMAU......................................................PLAINTIFF
VERSUS
KAUR N. SEHMI ..........................................................................DEFENDANT
RULING
1. The Chamber Summons dated 17th December 2009 is seeking for orders to restrain the defendant from interfering with the applicant’s peaceful occupation of LR NO.209/136/109 along Kilome Road Nairobi. This application is supported by the grounds on the face of the application, the supporting affidavit of Stephen Njoroge Kamau and the annextures thereto. Going by the annexure especially the Lease Agreement prepared by the defendant’s Advocate and dated 16th October 2009, the property leased to the applicant was the Ground Floor of LR NO.209/136/09. This is further supported by a consent order entered by the parties in BPRT case No.829/09 Nairobi.
2. Accordingly I find the plaintiff has established a prima facie case with a probability of success. I grant prayer No (c) to remain in force until the determination of the suit. Costs of the application to the plaintiff.
RULING READ AND SIGNED ON 25TH MAY 2010 AT NAIROBI.
M.K. KOOME
JUDGE