Jiangxi Zhongmei Engineering Construction Co. Ltd v Dickson Makheti Muyundo [2014] KEELC 240 (KLR)
The bottom line
#A Kenyan court refused to protect a company's continued use of leased land because the lease had expired and clearly contained no renewal clause.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant established a prima facie case with a probability of success
No - the lease contained no renewal clause; clause 3(10) provided only for a deduction of Kshs.100,000 from the contract sum if the project was not completed on time, and the lease had expired
The court examined clause 3(10) of the lease and gave it a plain reading. It found no provision for renewal; the clause merely allowed a Kshs.100,000 deduction/refund from the contract sum if the project was not completed within two years. The submission that the contract was drafted by a Chinese national who did not understand English was made from the bar without affidavit evidence. The respondent had offered renewal on fresh terms, which the applicant never took.
Whether the applicant would suffer irreparable injury not compensable in damages
No - any claim regarding excavated stones left on site was raised late and its value is ascertainable
The applicant claimed the respondent prevented it from removing excavated stones, but nothing in the pleadings or supporting affidavit mentioned such stones; the issue first appeared in the affidavit supporting urgency. The court held that if stones were on site, their value could be ascertained, so any injury would be compensable in damages.
Balance of convenience
Not reached - the court was not in doubt as to the outcome
Having found no prima facie case and no irreparable injury, the court did not need to consider where the balance of convenience lay.
Legal principles established
#- The applicant for an interlocutory injunction must demonstrate a prima facie case with probability of success, irreparable injury not compensable by damages, and, if in doubt, the balance of convenience
- A prima facie case in a civil application is a genuine and arguable case in which a right has apparently been infringed so as to call for an explanation or rebuttal
- Where a contract clause is plain and unambiguous, the court need not go behind it to ascertain the parties' intention
Court orders
#- 1.The applicant's notice of motion dated 24/6/2014 seeking an interlocutory injunction is dismissed with costs to the respondent
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over an interlocutory application in a land dispute
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jiangxi Zhongmei Engineering Construction Co. Ltd v Dickson Makheti Muyundo [2014] KEELC 240 (KLR)", Case Analysis (2014). Notice of motion dated 24/6/2014 (ELC, Kitale). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2014/240/eng@2014-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.