Wallace Wambugu & 3 others v Kenya Commercial Bank Limited & another [2001] KECA 339 (KLR)
- Court
- Court of Appeal
- Case number
- 339
- Citation
- [2001] KECA 339 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for injunction and stay of proceedingsCoramA.A. LAKHA, E. OWUOR, M. Ole KEIWUA
Holding
The application fails and is dismissed with costs.
Facts
The applicants sought an injunction and stay of proceedings in an intended appeal from the High Court's ruling. The High Court granted an injunction to prevent the sale of three suit premises, but with conditions. The 1st respondent served a fresh statutory notice demanding payment of a large sum from the deceased's estate.
Issues
- Whether the intended appeal is arguable
- Whether the injunction and stay should be granted
Reasoning
The Court found the intended appeal not arguable and that the injunction and stay would not render the appeal nugatory. The applicants had ample time to file and hear their appeal.
Outcome
Application dismissed
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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