Vitalac International Limited v Karson Motor Engeneering Limited & 4 others (Environment and Land Case E017 of 2025) [2026] KEELC 3266 (KLR)
The bottom line
#A Kenyan court protected a tenant from eviction with an injunction, but only for one year, so tenants must plan their next legal steps early.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff demonstrated a protectable interest justifying an interlocutory injunction
The court found a valid 15-year lease and possession, hence a protectable interest, and allowed the application in terms of prayer 3
The application was served but unopposed; no responses were filed. The court perused the lease agreement dated 18.7.2025 and confirmed the plaintiff leased the suit premises for 15 years, paid two years' rent and took possession. Following Giella v Cassman Brown and KNUN v County Government of Mombasa, the court held the applicant had a protectable interest and that the application was merited, granting prayer 3 subject to a one-year limit.
Legal principles established
#- A lessee in possession under a valid lease has a protectable interest in the premises capable of supporting injunctive relief under the Giella v Cassman Brown principles
Court orders
#- 1.Injunction issued in terms of prayer no. 3 restraining the defendants from interfering with the plaintiff's occupation of parcel L.R. 658/317, evicting it, or trespassing on the land
- 2.The injunctive orders to remain in force for a period of ONE year only
- 3.Costs of the application to abide the outcome of the suit
- Jurisdiction invoked
- Environment and Land Court jurisdiction over disputes relating to land (interlocutory injunction application)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Vitalac International Limited v Karson Motor Engeneering Limited & 4 others (Environment and Land Case E017 of 2025) [2026] KEELC 3266 (KLR)", Case Analysis (2026). ELC E017 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3266/eng@2026-05-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.