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Case Brief · caselaw.co.ke
ELCDismissedEnvironment and Land Appeal E104 of 2022· [2023] KEELC 18401 (KLR)

Let's Koroga v Sufra Garden Restaurant Limited

Environment and Land Court
29 June 2023
1,435 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The applicant, Let's Koroga, moved the Environment and Land Court at Nairobi by notice of motion dated March 7, 2023, premised on section 5 of the Judicature Act and Part 81 of the English Procedure Rules, seeking contempt orders against Sufra Garden Restaurant Limited and its main landlords, Mr Kalivinder S. Matham and Mr Abdulwahit Q. Abdo, for disobeying an interim injunction issued on February 28, 2023 and locking the applicant out of premises on LR No. 1870/VI/Nairobi. The applicant alleged that after the respondent instructed auctioneers to levy distress, the court granted interim injunction, which was served with a penal notice, yet the respondent locked out the applicant's directors, causing losses including unpaid profits and abatement of rent. The respondent, in a replying affidavit sworn by Abdul Wahid Qassim Abdo, denied participating in the eviction, asserted the one-year tenancy expired on December 31, 2022, and relied on emails showing the applicant had agreed to vacate by March 6, 2023. AA Omollo, J framed the sole issue as whether the respondent was in contempt. Applying Mutitika v Baharini Farm Limited, the court reaffirmed the heightened standard of proof in contempt, found the applicant had not replied to the email-consent defence, noted that Kalvinder Matharu was not joined to the application so orders against him would offend natural justice, and held the applicant failed to prove with precision who effected the lockout. The motion was dismissed with costs to the respondent.

Key legal issues

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01

Whether the respondent was in contempt of the interim injunction order of February 28, 2023

Holding

The application failed; the applicant did not discharge the heightened standard of proof for contempt and did not establish with precision who locked out the applicant

Reasoning

The interim injunction was granted only to preserve the position pending hearing of the application. The one-year lease had expired in December 2022, and emails suggested the applicant had agreed to vacate by March 6, 2023. The applicant did not respond to that defence, did not join Kalvinder Matharu, and could not show which of the two individuals committed the disobedience.

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02

Whether contempt orders could issue against a person not joined to the application

Holding

No; issuing orders against Kalvinder Matharu without joining him would breach natural justice

Reasoning

The application named only Sufra Garden Restaurant Limited as respondent, yet the alleged lockout was attributed to Kalvinder Matharu and Abdulwahit Q. Abdo, who are different entities. Since Matharu was not cited or given an opportunity to be heard, the court could not punish him for the alleged disobedience.

p. 3

Legal principles established

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  • Contempt is the willful disobedience or disregard of a court order, decree or directions which impairs the fair and efficient administration of justice
  • The standard of proof in contempt proceedings is higher than the balance of probabilities, almost but not exactly beyond reasonable doubt
  • A person alleged to be in contempt must be joined to the application and heard before orders are made against him, per the rules of natural justice

Court orders

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  1. 1.The applicant's notice of motion dated March 7, 2023 seeking contempt orders is dismissed
  2. 2.Costs of the application awarded to the respondent
Jurisdiction invoked
Section 5 of the Judicature Act and Part 81 of the English Procedure Rules (contempt of court jurisdiction)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Let's Koroga v Sufra Garden Restaurant Limited", Case Analysis (2023). Environment and Land Appeal E104 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/18401/eng@2023-06-29

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.