Ahmed Omar Ali Abdulrehman v Hamid Omar Abdulrehman Sharleen [2017] KEELC 45 (KLR)
The bottom line
#Kenya's Environment and Land Court in Mombasa refused to stop a family member from collecting rent because the applicant showed no proof he was the one collecting it.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant established a prima facie case with a probability of success
The Applicant failed to establish a prima facie case. The account statement annexed did not show the Defendant was collecting rent, and the Defendant denied collecting it, attributing collection to the sisters Fatma and Asha Omar Abdulrehman.
The court applied the Mrao definition of a prima facie case. The Applicant bore the burden of showing his right had apparently been infringed by the Defendant. The statement of account annexed to the supporting affidavit related to Houses 52 and 56 but did not show the Defendant as the collector of rent, and the Defendant's replying affidavit denied collection, with deposit slips showing rents paid into the sisters' account at Standard Chartered Bank. Without material linking the Defendant to the collection of rent, no prima facie case was made out.
Whether the Applicant demonstrated irreparable injury
The Applicant failed to demonstrate irreparable injury likely to be suffered if the injunctive orders were not granted, as he did not prove that whoever was collecting rent would not render a proper account.
On the second Giella principle, an applicant must show that ordinary damages would not adequately compensate. The court reasoned that the Applicant had not proved that whoever was collecting rent would fail to render a proper account of the rent collected. Since the injury was capable of being remedied by an accounting at trial, the irreparable harm threshold was not met, leading the court to find the application premature.
Legal principles established
#- Definition of a prima facie case in civil applications as set out in Mrao Limited v First American Bank Limited
- The principles for grant of temporary injunction are those set down in Giella v Cassman Brown & Company Limited
Court orders
#- 1.The Notice of Motion dated 25th January, 2017 is dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Order 40 Rule 1, Order 45 rules, Order 51 of the Civil Procedure Rules 2010, Section 3A of the Civil Procedure Act Chapter 21 Laws of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ahmed Omar Ali Abdulrehman v Hamid Omar Abdulrehman Sharleen [2017] KEELC 45 (KLR)", Case Analysis (2017). Notice of Motion dated 25th January, 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/45/eng@2017-11-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.