Busaidy & 2 others v Bukhala (As Personal Representative of the Estate of Zacharia Bukhala Deceased) & 3 others (Environment & Land Case E022 of 2024) [2024] KEELC 6134 (KLR)
The bottom line
#A Mombasa court declined a formal injunction but froze the situation, ordering both sides to keep the status quo until the case is fully heard.
What this practically means
#Executive summary
#Key legal issues
#Whether the Defendants/Applicants established a prima facie case with irreparable injury and balance of convenience to warrant a temporary injunction
Yes. The court found a prima facie case was established, that there was a lower risk of injustice in granting the orders, and ordered status quo to be maintained pending the hearing and determination of the suit, with costs in the cause.
The court applied the Giella v Cassman Brown principles as restated in Nguruman Limited. The Applicants showed by searches that they are lessees of the suit plots and owners of the commercial building thereon with tenants in occupation. It was not disputed that tenants operate businesses in the building. Having not heard the matter on its merits, the court found the lower risk of injustice lay in restraining the parties, and maintained the status quo rather than issuing a formal injunction.
Legal principles established
#- The conditions for a temporary injunction are a prima facie case, irreparable injury not compensable in damages, and balance of convenience, applied as sequential hurdles.
- Where the court has not considered a matter on its merit, the lower risk of injustice may favour maintaining the status quo.
Court orders
#- 1.Status quo be maintained pending the hearing and determination of the case
- 2.Costs of the application to be in the cause
- Jurisdiction invoked
- Order 40 Rules 1 and 2 of the Civil Procedure Rules and Sections 1A, 1B and 34 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Busaidy & 2 others v Bukhala (As Personal Representative of the Estate of Zacharia Bukhala Deceased) & 3 others (Environment & Land Case E022 of 2024) [2024] KEELC 6134 (KLR)", Case Analysis (2024). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6134/eng@2024-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.