NOVA INDUSTRIES LIMITED V. KABANSORA LIMITED

JUDGMENT OF THE COURT

1. This is an appeal from the ruling and order of the Environment and Land Court at Nairobi (J. M. Mutungi, J) given on 10^th September 2015 dismissing, with costs, the appellant’s application for interlocutory injunction.

2. In its suit commenced by a plaint that is pending hearing and determination before the Environment and Land Court, the appellant asserts that it has been in occupation, since 1980, of an Industrial Godown situated on the respondent’s property known as L.R. No. 209/4276 Nairobi under a tenancy agreement that runs to 31^st December 2017. The appellant asserts in that suit that the respondent has, in breach of the tenancy, illegally and maliciously threatened to eject it from the property. It seeks relief by way of a permanent injunction to restrain the respondent from trespassing, evicting, dispossessing or interfering with its possession of the premises and for a declaration that the notice issued to the appellant by the respondent to vacate the …