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ELCDismissedNotice of motion dated 5th August, 2025 in the plaintiff's suit· [2026] KEELC 1246 (KLR)

FEM Tech Enterprises Limited v MFI Document Solutions Limited (Environment and Land Case E389 of 2025) [2026] KEELC 1246 (KLR)

Environment and Land Court (or High Court) - not stated in excerpt
5 March 2026
CMC.G. Mbogo
892 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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A Kenyan court refused to stop a tenant's eviction because debit notes don't prove rent was actually paid.

What this practically means

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Executive summary

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The plaintifi/applicant moved the court by notice of motion dated 5th August, 2025 under Sections 1A, 1B and 3A of the Civil Procedure Act, Order 40 and Order 51 of the Civil Procedure Rules and Articles 40, 50(1) and 159(2)(a) and (e) of the Constitution, seeking a temporary injunction to restrain the defendant from selling, transferring, gifting, disposing of, dealing with or evicting the plaintifi from land parcel 209/359/16 in Kilimani pending the hearing and determination of the suit. The application was supported by an affidavit of Natasha Sultan Nanji, the plaintifi's director, who deposed that a valid lease dated 15th July, 2024 (renewing an earlier 2019 agreement) was in place for a term of 5 years and 6 months; that the defendant had been making violent attempts to forcibly evict the plaintifi; and that the plaintifi had paid all rent and charges. The defendant filed no response, and the application was canvassed by written submissions. The court framed a single issue: whether the applicant had satisfied the grounds for a temporary injunction. Applying Giella v Cassman Brown and the definition of a prima facie case in Mrao Ltd v First American Bank, the court held that although the lease was not in dispute, the debit notes annexed were merely notifications of rent due and not proof of payment. The applicant therefore failed to establish a prima facie case, and the court declined to consider irreparable harm or the balance of convenience. The motion was dismissed with no orders as to costs.

Key legal issues

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01

Whether the applicant established a prima facie case for a temporary injunction

Holding

No prima facie case was established; the debit notes annexed were demand documents, not proof of rent payment

Reasoning

The court accepted the existence of a lease dated 15th July, 2024 for 5 years and 6 months but found the applicant's evidence of payment wanting. Debit notes merely notify a tenant of rent obligations due; they do not prove payment. Without proof of compliance with its rent obligations, the applicant failed to show an infringed right calling for rebuttal. Having failed the first Giella criterion, the court declined to consider the remaining criteria.

p. 2

Legal principles established

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  • The requirements for an interlocutory injunction are a prima facie case with probability of success, irreparable injury not adequately compensable by damages, and, if in doubt, the balance of convenience

Court orders

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  1. 1.The notice of motion dated 5th August, 2025 is dismissed
  2. 2.No orders as to costs
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act; Order 40 Rules 2, 3, 4 and 8 and Order 51 Rules 1, 3, 4, 11 and 13 of the Civil Procedure Rules; Articles 40, 50(1) and 159(2)(a) and (e) of the Constitution of Kenya

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "FEM Tech Enterprises Limited v MFI Document Solutions Limited (Environment and Land Case E389 of 2025) [2026] KEELC 1246 (KLR)", Case Analysis (2026). Notice of motion dated 5th August, 2025 in the plaintiff's suit. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1246/eng@2026-03-05

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