[2000] KEHC 574 (KLR)
The court held that the applicant, being a mere licensee, does not have any estate or proprietary interest in the property and is therefore not entitled to the restraining orders sought. The applicant is entitled only to reasonable notice to vacate and remove his goods, but not to an injunction preventing eviction....
Source-derived case information.
- Citation
- [2000] KEHC 574 (KLR)
- Parties
- Plaintiff: Wilson Irungu Wambugu; Defendant: Margaret Waithera Ngeera
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1095 of ??
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application
- Outcome
- application refused
- Legal Topics
- Licence Revocation, Eviction, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilson Irungu Wambugu
Plaintiff
Margaret Waithera Ngeera
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the applicant, as a licensee, is entitled to restraining orders preventing eviction from the premises.
- 2 Whether the applicant is entitled to notice and reasonable time to vacate the premises upon revocation of the licence.
- 3 Whether damages are an adequate remedy for the applicant.
Ratio Decidendi
The court held that the applicant, being a mere licensee, does not have any estate or proprietary interest in the property and is therefore not entitled to the restraining orders sought. The applicant is entitled only to reasonable notice to vacate and remove his goods, but not to an injunction preventing eviction. The court further found that any loss suffered by the applicant can be adequately compensated by damages, making injunctive relief inappropriate in this case. Consequently, the application for restraining orders was refused.
Court Disposition
application refused
Orders
- The application for restraining orders is refused.
- Costs shall be in the course.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 1095 OF 2000
WILSON IRUNGU WAMBUGU………………………….PLAINTIFF
-VERSUS
MARGARET WAITHERA NGEERA……………………..DEFENDANT
RULING
The applicant is asking for restraining orders against the defendant from evicting the applicant from the premises Plot No. LR 209/1913/1 Nairobi. The applicant in this application is a mere licensee. As a licensee he would be entitled to a reasonable time to remove his goods and make arrangements elsewhere for his business. He would also be entitled to a notice about the revocation of the licence but he is without any estate or interest in the property. This case therefore does not fall within the cases, which were cited, to me during the hearing of the application. The applicant is not entitled to the remedies asked for because he can be adequately compensated for by payment of damages. The application is refused but the costs shall be in course.
Delivered and dated at Nairobi this 10th day of November, 2000.
KASANGA MULWA
JUDGE