Lucy Nyawira Kangari v Nairobi City County (? 228 of 2015) (Environment and Land) [2015] KEELC 256 (KLR)
The bottom line
#A Nairobi tenant lost her bid to stop eviction after failing to show she had a strong case or losses money couldn't fix.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff established a prima facie case with a probability of success for the grant of a temporary injunction
No prima facie case was established; the court could not discern from the pleadings whether the sub-tenant was inherited or whether the Plaintiff breached the tenancy conditions by subletting, and the Plaintiff's continued payment of rent without raising the sub-tenancy suggested the sub-tenant occupied with her sanction
The court weighed the Plaintiff's claim that she inherited a sub-tenant with the Respondent's assistance against the Respondent's assertion of a repudiatory breach of condition 13 of the tenancy agreement prohibiting underletting. No evidence substantiated the claim of inheritance. The Plaintiff paid rent throughout the sub-tenancy without notifying the Respondent, undermining her case. Applying Giella, the first limb failed.
Whether the Plaintiff demonstrated irreparable loss not compensable by damages
The Plaintiff failed to demonstrate that she stood to suffer irreparable damage which could not be compensated by an award of damages
Relying on Nguruman Limited v Jan Bonde Nielsen, the court held that the burden was on the applicant to demonstrate the nature and extent of the injury which could not be remedied by damages. The Plaintiff adduced no such demonstration; damages would adequately compensate her if she ultimately succeeded at the trial.
Whether the balance of convenience should be considered
The court declined to consider the balance of convenience since the Plaintiff had failed the first two sequential conditions
Following Kenya Commercial Finance Company Ltd v Afraha Education Society and Nguruman Limited v Jan Bonde Nielsen, the court held the Giella conditions are sequential. Having failed on the prima facie case and irreparable loss limbs, the third limb did not fall for consideration.
Legal principles established
#- The conditions for the grant of a temporary injunction under Giella v Cassman Brown are to be applied sequentially: if the applicant fails on the prima facie case and irreparable loss limbs, the balance of convenience need not be considered
- It is a threshold requirement that the applicant for an injunction demonstrate, prima facie, the nature and extent of the irreparable injury which cannot be adequately remedied by damages
Court orders
#- 1.The application dated 13th March 2014 is dismissed
- 2.Costs will be in the cause
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over the tenancy and possession of land (suit premises); no specific constitutional or statutory provision invoked in the judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lucy Nyawira Kangari v Nairobi City County (? 228 of 2015) (Environment and Land) [2015] KEELC 256 (KLR)", Case Analysis (2015). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/256/eng@2015-07-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.