Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedNot stated on the face of the judgment

Savoan Limited v Azalea Holdings Limited (Environment & Land Case E416 of 2024) [2025] KEELC 102 (KLR)

Environment and Land Court
16 January 2025
5,700 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~23 min to read original · ~4 min brief

The bottom line

#

A tenant with rent arrears lost her bid to protect Karen premises and equipment because money losses can be repaid.

What this practically means

#

Executive summary

#
The Plaintiff/Applicant, Joan Ndunda, moved the Environment and Land Court at Nairobi by Notice of Motion dated 11th October 2024, premised on Sections 76(1) and 77 of the Land Act, 2012, Order 40 Rule 1 and Order 51 Rule 1 of the Civil Procedure Rules, 2010, and Sections 13(1), (2), (7)(a)(i) and 19 of the Environment and Land Court Act, 2011. She sought temporary injunctive relief restraining the Defendant/Respondent from seizing, alienating, auctioning or dealing with her equipment, fixtures and fittings in commercial units LS.01 and LS.01T at the Hub Karen on L.R No. 1159/466, and an order for unlimited access to remove those items. The dispute arose from a lease agreement dated 21st March 2024; the Applicant defaulted on rent, accruing arrears of KES 7,446,251.26, and the Respondent, after demand notices, exercised re-entry and forfeiture, locking the premises. The court framed three issues: prima facie case, irreparable loss, and whether exceptional circumstances justified a mandatory injunction. The court found a prima facie case was established, since compliance with Section 75 of the Land Act and the lease clauses raised arguable issues for trial. However, it held that no irreparable loss was demonstrated: equipment and goodwill were quantifiable and compensable in damages, and the Respondent had the financial capacity to pay. The mandatory injunction failed for want of exceptional and special circumstances, the Applicant having approached equity with unclean hands given the rent arrears. The application dated 11th October 2024 was dismissed with costs to the Defendant/Respondent, and interim orders were discharged.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Applicant has proved the existence of a prima facie case with probability of success or otherwise
  2. 2.Whether the Applicant herein shall be disposed to suffer irreparable loss if the orders sought are not granted or otherwise
  3. 3.Whether the Applicant has established and demonstrated exceptional/peculiar circumstances to warrant the grant of an order of mandatory injunction

Key legal issues

#
01

Prima facie case with probability of success

Holding

The Applicant established a prima facie case; there were factual and legal issues worthy of investigation at a plenary hearing

Reasoning

The court found the parties executed heads of terms and a lease dated 21st March 2024, that the Applicant defaulted on rent, and that the Respondent re-entered. The rival averments on compliance with Section 75 of the Land Act and lease clauses raised issues of fact and law for trial, demonstrating a genuine and arguable case, which constitutes a prima facie case.

p. 7
02

Irreparable loss

Holding

The Applicant failed to demonstrate irreparable loss; losses were quantifiable and compensable in damages

Reasoning

Equipment, fixtures and fittings are capable of valuation; loss of business and goodwill is quantifiable; the Plaintiff had itself quantified monetary claims in the Plaint; and the Respondent, being the registered owner with rental income, has the financial capacity to pay damages. Loss already accrued and is remediable in damages.

p. 9
03

Mandatory injunction threshold

Holding

No exceptional or special circumstances warranted a mandatory injunction

Reasoning

The Applicant conceded rent arrears of KES 7,446,251.26; the Respondent may have a lien or contractual rights under clauses 10.4, 10.5 and 18 of the lease; the lawfulness of re-entry is a matter for trial. Mandatory injunctions require a higher standard and exceptional circumstances, which were not demonstrated.

p. 10

Legal principles established

#
  • A prima facie case in a civil application is a genuine and arguable case showing an apparent infringement of a right calling for explanation or rebuttal
  • Proof of a prima facie case alone does not entitle an applicant to a temporary injunction; irreparable loss must also be demonstrated
  • An interlocutory mandatory injunction requires a higher standard and exceptional and special circumstances
  • An issue worthy of investigation need not be one that will ultimately succeed to establish a prima facie case

Court orders

#
  1. 1.The Application dated the 11th October 2024 be and is hereby dismissed
  2. 2.Costs of the Application be and are hereby awarded to the Defendant/Respondent
  3. 3.The Interim orders hitherto granted/issued be and are hereby discharged

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Sections 76(1), 77 of the Land Act, 2012; Order 40 Rule 1 and Order 51 Rule 1 of the Civil Procedure Rules, 2010; Sections 13(1), (2), (7)(a)(i) and 19 of the Environment and Land Court Act, 2011

Relief refused

#

Temporary injunction restraining the Defendant from dealing with, alienating or disposing of the Applicant's properties in the suit premises

No irreparable loss established; loss quantifiable and compensable in damages

p. 10

Order for unlimited access to the suit premises to remove equipment, fixtures and fittings (mandatory injunction)

No exceptional or special circumstances demonstrated; Applicant did not approach equity with clean hands

p. 10

Costs

Costs of the Application be and are hereby awarded to the Defendant/Respondent

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

the factual matrix and the legal propositions that have been adverted to by the Applicant truly demonstrate a genuine and arguable case. Instructively, the existence of a genuine and arguable case constitutes a prima facie case.
p. 7Prima facie case
From the foregoing analysis, I am afraid that the Applicant herein has failed to establish and/or substantiate the likelihood of substantial loss/ harm arising.
p. 10Irreparable loss
All in all, I am not persuaded that the Applicant has met or satisfied the requisite threshold to warrant the grant of an order of mandatory injunction. Sufice it to posit that such an order can only issue in exceptional and special circumstances and not otherwise.
p. 10Mandatory injunction
i. The Application dated the 11th October 2024 be and is hereby dismissed. ii. Costs of the Application be and are hereby awarded to the Defendant/Respondent iii. The Interim orders hitherto granted/issued, be and are hereby discharged.
p. 11Final orders / disposition

Issues in the judgment

#
minor

The Defendant/Respondent is never named in the body of the judgment, and the judgment itself vacillates between describing the property as L.R No. 1159/466 and L.R No. 1159/456

minor

The date of the Respondent's written submissions is stated inconsistently as 26th November 2024 and 26th December 2024

minor

The date of the demand notice is stated inconsistently as 6th April 2024 and 6th August 2024 in different paragraphs

minor

The rent arrears date is stated inconsistently as 30th July 2024 and 31st July 2024

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Savoan Limited v Azalea Holdings Limited (Environment & Land Case E416 of 2024) [2025] KEELC 102 (KLR)", Case Analysis (2025). Not stated on the face of the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/102/eng@2025-01-16

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