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ELCDismissedNot stated in the excerpt· [2024] KEELC 923 (KLR)

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)

Environment and Land Court
22 February 2024
1,387 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The plaintiffs, proprietors of Regis School Runda situated on parcel L.R. 20091 owned by the 2nd to 4th defendants, moved the court by notice of motion dated 18.12.2023 seeking injunctions restraining the defendants from establishing, managing, rebranding or starting another school on the property, and from trespassing on or managing the school, with the plaintiffs to manage it instead. The relationship was founded on a Development and Lease Agreement of 26.6.2018, a long term lease of 27.8.2019 and a Master Licence Agreement of 19.1.2023 under which the defendants ran the school for one year, lapsing in December 2023. The defendants opposed through a replying affidavit, supplementary affidavit and grounds of opposition, raising a preliminary objection on jurisdiction under section 10 of the Arbitration Act and citing the Basic Education Act. The court found the dispute multifaceted, covering school management, debts and the lease. It held that management issues fall under section 76 of the Basic Education Act and outside its jurisdiction; that the lease and debt questions were already before arbitration pursuant to its ruling of 31.10.2023; and that the plaintiffs, having approached the court with unclean hands and without sufficiently establishing their rights and interests in the suit property, did not deserve the equitable relief sought. The application was dismissed with costs to the defendants.

Key legal issues

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01

Jurisdiction over school management disputes under the Basic Education Act

Holding

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.

Reasoning

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.

p. 2
02

Whether the lease/debt questions could be determined while arbitration was pending

Holding

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.

Reasoning

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.

p. 3
03

Conduct of the applicant - unclean hands and earlier dismissed application

Holding

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.

Reasoning

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.

p. 3

Legal principles established

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  • 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

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  1. 1.The plaintiffs' notice of motion application dated 18.12.2023 was dismissed
  2. 2.Costs of the application awarded to the defendants

Authorities

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Legislation

  • Arbitration ActSection 10
  • Basic Education ActSection 76
  • Land Act, No. 6 of 2012Provisions on periodic lease and re-entry

Cases cited (1)

  • Paul Gitonga Wanjau v Gathuthi Tea Factory Company Ltd & 2 others
    [2016] eKLR
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

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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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.