Kyriacou v Manakis

The case of Kyriacou v Manakis involved a dispute between the plaintiffs, who were in possession of commercial premises under a lease, and the defendants, who were the landlords. The dispute arose from the termination of the lease due to the plaintiffs' failure to pay rent, which led to their exclusion from the premises. The plaintiffs sought interlocutory injunctive relief to prevent the defendants from forfeiting the lease and from re-letting the premises with their installed fixtures and fittings.

The primary legal issues before the court were whether the plaintiffs were entitled to relief against forfeiture of the lease, and whether the plaintiffs were the rightful owners of the fixtures and fittings installed in the leased premises. Additionally, the court had to determine whether the plaintiffs were entitled to an interlocutory injunction to restrain the defendants from re-letting the premises with the existing fixtures and fittings.

The court examined the terms of the lease agreement, which provided that the defendants had the right to sell or dispose of the plaintiffs' property if the lease was terminated for failure to pay rent. The court also considered the contribution made by the defendants towards the cost of the fit-out of the premises. The court found that the plaintiffs had failed to offer an undertaking to pay the outstanding rent plus interest and costs, which was a necessary condition for relief against forfeiture. However, the court held that there was a serious question to be tried regarding the ownership of the fixtures and fittings. The court concluded that the plaintiffs were likely the rightful owners of the fixtures and fittings and granted the plaintiffs an interlocutory injunction to restrain the defendants from re-letting the premises with the existing fixtures and fittings.

The court's final orders included the grant of an interlocutory injunction to the plaintiffs, restraining the defendants from re-letting the premises with the existing fixtures and fittings, pending the determination of the ownership of the fixtures and fittings and the broader issues in the case.