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ELCDismissedNot stated in the judgment

Gourmet Café Limited & another v Paradise Safari Park Limited & another (Environment and Land Case E474 of 2025) [2026] KEELC 1531 (KLR)

Environment and Land Court / High Court of Kenya at Nairobi (not specified)
17 March 2026
3,229 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to restore G-Café's JKIA airport stalls after eviction, finding the café hadn't proven its case or paid owed licence fees.

What this practically means

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Executive summary

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This was an interlocutory Notice of Motion dated 19th September 2025 in a pending suit in which the Plaintiffs, operators of G-Café outlets at Jomo Kenyatta International Airport, sought a temporary prohibitory injunction restraining the 1st and 2nd Defendants from leasing, licensing or occupying the G-Café premises at Terminal 1A and Terminal 2, and a temporary mandatory injunction reinstating the 1st Plaintiff as licensee, following an eviction on 12th September 2025. The Plaintiffs' case rested on a 2012 MOU between the 2nd Plaintiff and the 1st Defendant, subsequent license agreements, and a Deed of Assignment of License dated 24th January 2015 approved by the 2nd Defendant (Kenya Airports Authority). The 1st Defendant denied that the assignment was ever performed, asserted continued ownership of the licenses, and alleged arrears of KShs 7,142,378 in license fees; it maintained it peacefully retook possession with inventories taken. The 2nd Defendant denied any license relationship with the Plaintiffs and relied on its statutory powers under sections 12 and 14 of the Kenya Airports Authority Act. Applying Giella v Cassman Brown and Mrao Ltd v First American Bank, the court found that since the Plaintiffs had already been evicted and had not refuted or proved payment of the alleged arrears, no prima facie case existed, and damages would suffice. Invoking Nguruman and Nation Media Group v John Harun Mwau, the court held that no exceptional or special circumstances justified a mandatory injunction, their occupation arising from a license that could not supersede the main five-year license. The application was dismissed with each party bearing their own costs. Dated, signed and delivered at Nairobi on 17th March 2026 by Christine Ochieng, Judge.

Questions the Court framed

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

  1. 1.Whether the Plaintiffs have met the threshold for grant of temporary prohibitory injunction restraining the Defendants from interfering with the suit premises
  2. 2.Whether the Plaintiffs have established special circumstances warranting grant of temporary mandatory injunction

Key legal issues

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01

Whether a prima facie case was established for a prohibitory injunction

Holding

No prima facie case; plaintiffs had been evicted and had not refuted alleged arrears of license fees

Reasoning

Applying Mrao Ltd v First American Bank, the court noted the plaintiffs had already been evicted from the suit premises and failed to make payments due under the License Assignment Agreement, which the defendants alleged totalled KShs 7,142,378 and which the plaintiffs neither refuted nor proved payment of. Damages would be an adequate remedy.

p. 6
02

Whether special circumstances justified a temporary mandatory injunction

Holding

No; mandatory injunction at interlocutory stage requires exceptional and special circumstances in the clearest of cases, which were absent

Reasoning

Relying on Nation Media Group & 2 others v John Harun Mwau, the court held a higher standard than for prohibitory injunctions applies. The plaintiffs were no longer in possession, and their occupation stemmed from a license between the 1st Plaintiff and 1st Defendant lacking a termination clause, which could not supersede the main five-year license commencing January 2015.

Legal principles established

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  • Where an applicant fails to establish a prima facie case, the court need not determine the other two Giella limbs
  • An interlocutory mandatory injunction requires a higher standard - exceptional and special circumstances, in the clearest of cases

Court orders

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  1. 1.The Notice of Motion application dated 19th September 2025 is dismissed
  2. 2.Each party to bear their own costs

The bench

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

Wrote the judgment

Jurisdiction invoked
Original civil jurisdiction; notice of motion in a pending suit (interlocutory application)

Relief refused

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Temporary prohibitory injunction restraining the 1st and 2nd Defendants from leasing, licensing or occupying the G-Café premises at JKIA Terminal 1A and Terminal 2

Plaintiffs already evicted and failed to prove payments under the License Assignment Agreement, so no prima facie case established

p. 6

Temporary mandatory injunction reinstating the 1st Plaintiff as licensee of the premises as at 12th September 2025

No exceptional or special circumstances shown; plaintiffs no longer in possession and the sub-license could not supersede the main five-year license

Costs of the application

Court ordered each party to bear their own costs

p. 6

Costs

Each party to bear their own costs.

Quotable passages

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

I find that since the Plaintiffs have already been evicted from the suit premises and failed to make certain payments as had been agreed upon in the License Assignment Agreement, they have failed to establish a prima facie case to warrant grant of interlocutory injunction as sought.
prima facie case - failure
a temporary mandatory injunction can only be granted in exceptional and in the clearest of cases
p. 6threshold for interlocutory mandatory injunction
In the foregoing, I find the instant Notice of Motion application unmerited and will proceed to dismiss it.
p. 6disposition
Each party to bear their own costs.
p. 6costs order

Issues in the judgment

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minor

The court describes the assignment documents inconsistently, referring to an Agreement for Assignment of License dated 24th January 2015 while the supporting affidavit refers to a letter seeking assignment dated 17th December 2014 and consent granted the same day

minor

The judgment does not state the case number or the precise court; the cause is only described as a pending suit over JKIA catering premises

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, "Gourmet Café Limited & another v Paradise Safari Park Limited & another (Environment and Land Case E474 of 2025) [2026] KEELC 1531 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1531/eng@2026-03-17

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