Nixo Garments Limited v Minaz Shabanali Mohamed Javer & another [1997] KECA 121 (KLR)
- Court
- Court of Appeal
- Case number
- 121
- Citation
- [1997] KECA 121 (KLR)
- Decided
- 31 January 1997
AI Summary
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TypeCivil AppealPostureApplication for an injunction pending the lodging and hearing of an intended appealCoramR. O. KWACH, G. S. PALL, S. E. O. BOSIRE, AG. JUDGE OF APPEAL
Holding
The court granted the injunction.
Facts
The applicant Nixo Garments Limited obtained possession of the suit premises on 2nd August, 1991, under a written tenancy agreement. The tenancy was for a term of 5 years and 3 months, effective from 1st August 1991, and at an agreed rent of Kshs.5,500/= per month.
Issues
- Whether the applicant has an arguable appeal.
- Whether the order sought by the applicant may render the appeal nugatory.
Reasoning
The jurisdiction of the court under rule 5 (2) (b) is discretionary and wide. The applicant must show an arguable appeal and that the order sought may render the appeal nugatory.
Outcome
Granted the injunction.
Orders
- An order of injunction against the respondents to restrain them, by themselves or by their agents or servants, from evicting the applicant from premises on a plot of land known as L.R. NO. 209/2627, Njugu Lane, Nairobi until the final determination of an intended appeal against a decision of the superior court (Mbogholi Msagha, J.) dated 16th January, 1997, in Nairobi High Court Civil Case No. 2546 of 1996.
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