Mati v Athman & another (Environment & Land Case E34 of 2022) [2022] KEELC 2931 (KLR)
The bottom line
#A Mombasa court refused to stop an auction and landlord's business at Peleleza Bar because the ex-tenant hadn't first enforced existing tribunal orders.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant established a prima facie case with a probability of success
No prima facie case was established; the application was dismissed
The court applied the Giella v Cassman Brown test and noted that the applicant admitted having been evicted and that his complaint was really about disobedience of Business Premises Rent Tribunal orders in Cause No 138 of 2021, which he had not sought to enforce. The premises having been leased to another party, the tribunal's jurisdiction had ceased. Without a prima facie case, the injunction could not issue.
Legal principles established
#- To succeed in an injunction application, an applicant must make full and frank disclosure and show a legal or equitable right requiring protection
- Definition of a prima facie case in civil applications
Court orders
#- 1.The notice of motion dated March 29, 2022 is dismissed
- 2.Costs to be in the cause
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 63 of the Civil Procedure Act; Order 40 rule 2 and Order 51 rules 1-3 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mati v Athman & another (Environment & Land Case E34 of 2022) [2022] KEELC 2931 (KLR)", Case Analysis (2022). Not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2931/eng@2022-06-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.