Garden Hotel Machakos Limited v Elizabeth Ngii Maingi & 2 others [2020] eKLR Case Summary

Court
Environment and Land Court at Machakos
Category
Civil
Judge(s)
O.A. Angote
Judgment Date
October 02, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Garden Hotel Machakos Limited v Elizabeth Ngii Maingi & 2 others [2020] eKLR, highlighting key legal principles and outcomes. Ideal for legal scholars and practitioners.

Case Brief: Garden Hotel Machakos Limited v Elizabeth Ngii Maingi & 2 others [2020] eKLR

1. Case Information:
- Name of the Case: Garden Hotel Machakos Limited v. Elizabeth Ngii Maingi & Others
- Case Number: ELC. CASE NO. 15 OF 2020
- Court: Environment and Land Court at Machakos
- Date Delivered: October 2, 2020
- Category of Law: Civil
- Judge(s): O.A. Angote
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the court were:
1. Whether the Plaintiff is entitled to a temporary injunction restraining the Defendants from evicting it from the suit property.
2. Alternatively, whether the Plaintiff is entitled to reimbursement of Kshs. 29,724,878 for renovation costs incurred on the property.

3. Facts of the Case:
The Plaintiff, Garden Hotel Machakos Limited, entered into an agreement in 1991 with the deceased owner of the suit property, allowing it to financially contribute to the construction of the hotel. The hotel opened in 1993, and for sixteen years, the Plaintiff paid no rent until a lease agreement was executed on March 1, 2008, for six years. The lease was extended in 2014 for an additional five and a half years, set to expire on February 28, 2020. During the lease, the Plaintiff undertook significant renovations costing Kshs. 29,724,878. The Defendants, including the deceased's estate, disputed the Plaintiff's claims regarding renovations and alleged rent arrears.

4. Procedural History:
The Plaintiff filed an application on February 24, 2020, seeking a temporary injunction against the Defendants to prevent eviction and demanding reimbursement for renovation costs. The Defendants opposed the application, arguing that the lease had expired, and there was no agreement for reimbursement for renovations. The court had to determine whether the Plaintiff had established a prima facie case for the injunction and whether it could claim the renovation costs.

5. Analysis:
- Rules: The court applied the principles for granting a temporary injunction, which require the Applicant to demonstrate a prima facie case, the likelihood of suffering irreparable damage, and a balance of convenience favoring the Applicant (Giella v. Cassman Brown & Co. Ltd (1973) EA 358).

- Case Law: The court cited Nguruman Limited v. Jan Bonde Nielsen & 2 Others [2014] eKLR, which emphasized the need for a clear right being threatened to establish a prima facie case. Additionally, the Mrao v. First American Bank of Kenya Ltd & 2 Others [2003] KLR 125 case was referenced to define a prima facie case in civil matters.

- Application: The court found that the Plaintiff had not established a prima facie case as there was no evidence of an agreement for reimbursement for renovations. It noted that the lease had expired, and the Plaintiff had agreed to vacate the premises without conditions. Furthermore, the lease contained provisions obligating the Plaintiff to maintain the property, indicating that renovation costs were the Plaintiff's responsibility.

6. Conclusion:
The court ruled against the Plaintiff's application for a temporary injunction and reimbursement for renovations, stating that the Plaintiff had not demonstrated a prima facie case or any entitlement to the claimed amount. The court emphasized that the lease had expired, and the Plaintiff's claims could only be determined at trial, not at the interim stage.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The ruling in Garden Hotel Machakos Limited v. Elizabeth Ngii Maingi & Others concluded that the Plaintiff's application for an injunction was dismissed, and it was not entitled to reimbursement for renovation costs. The case highlights the importance of clear contractual agreements and the obligations of parties within lease agreements. The decision underscores the court's reluctance to rewrite contracts and the necessity for parties to adhere to their stipulated terms.

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