Gems National Academy Limited t/a Regis Schools v Regis Runda Academy Limited & 3 others (Environment & Land Case E095 of 2023) [2024] KEELC 923 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Jurisdiction over school management disputes under the Basic Education Act
The court held that issues regarding the management of Regis School Runda do not fall within its jurisdiction, as licensing, registration and accreditation of educational institutions are governed by section 76 of the Basic Education Act.
The court found the dispute multifaceted: school running, debts, and the lease. On management, the fallback statute is the Basic Education Act, section 76, which covers licensing, registration and accreditation of persons and institutions of education. The court noted that the mandate of the ELC does not extend to interrogating that law, and that neither side intended the defendants to continue operating the school. Accordingly, management issues were held to be outside the court's jurisdiction.
Whether the lease/debt questions could be determined while arbitration was pending
The court declined to determine the existence or status of the lease and related debts because those questions were already before the arbitral forum pursuant to the ruling of 31.10.2023 staying proceedings.
The debts question is tied to the status of the lease, which is already before arbitration following the court's ruling of 31.10.2023. Interrogating the Master License Agreement showed the defendants took over the school for one year only, with the lease forfeiture and periodic lease questions being contested. Without ascertaining the plaintiffs' rights and interests in the suit property, the court found no basis to issue the injunction orders sought.
Conduct of the applicant - unclean hands and earlier dismissed application
The plaintiffs were found to have approached the court with unclean hands, having filed an earlier application dated 8.3.2023 seeking to restrain the defendants from managing the school even while they were operating under the master licence agreement of 19.1.2023, which was dismissed for want of prosecution.
Equity demands clean hands from an applicant for an injunction. The plaintiffs previously sought to restrain the defendants from managing the school while simultaneously party to the master licence agreement allowing such management; their interim orders lapsed when that application was dismissed for want of prosecution on 23.5.2023. Combined with their failure to establish their rights in the suit property, this conduct disentitled them from the discretionary equitable relief of an injunction.
Legal principles established
#- An injunction is an equitable remedy granted at the discretion of the court upon consideration of fairness and all relevant facts, including the conduct of the applicant.
- A court will not issue injunction orders where the applicant has not ascertained its rights and interests in the suit property and where the underlying dispute (lease and debts) is pending before an arbitral forum.
Court orders
#- 1.The plaintiffs' notice of motion application dated 18.12.2023 was dismissed
- 2.Costs of the application awarded to the defendants
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over the suit property parcel L.R. 20091 and disputes touching on leases; the court found no jurisdiction over school management (Basic Education Act, section 76) and stayed debt/lease issues for arbitration (Arbitration Act, section 10).
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kinuthia & another v Assumption Sisters of Nairobi (Environment & Land Case E006 of 2024) [2024] KEELC 5667 (KLR)[2024] KEELC 5667 (KLR)18 Jul 2024followed
Cite this brief
#Cite this brief
Caselaw, "Gems National Academy Limited t/a Regis Schools v Regis Runda Academy Limited & 3 others (Environment & Land Case E095 of 2023) [2024] KEELC 923 (KLR)", Case Analysis (2024). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/923/eng@2024-02-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.