Abdul Kassim Hassanali Gulamhussein Khaki v Southern Credit Banking Corporation Limited [2006] KECA 105 (KLR)
- Court
- Court of Appeal
- Case number
- 105
- Citation
- [2006] KECA 105 (KLR)
- Decided
- 13 October 2006
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for injunction pending the hearing and determination of an intended appealCoramJ.W. Onyango Otieno, S.E.O. Bosire, E. M. Githinji
Holding
The application for injunction is dismissed with costs.
Facts
The applicant is a joint owner of a property in Mombasa/Block X/211. The respondent filed a suit to restrain the sale of the property in the name of all registered owners. The applicant filed a suit in the superior court alleging forgery of his signature on the charge.
Issues
- Whether the intended appeal is arguable
- Whether the injunction sought would render the intended appeal nugatory
Reasoning
The court found that the intended appeal is not frivolous and that the applicant has an arguable appeal. However, the court could not agree that the intended appeal would be rendered nugatory if it succeeds.
Outcome
Application dismissed
Orders
- Application for injunction dismissed
Authorities cited
Cases cited (2)
- Githunguri vs. Jimba Credit Corporation Ltd. (No. 2) (1988) KLR 838
- Isaac Iruaku Kioi vs. Phillis Waithera Kinyugu & three others – Civil Application No. Nai. 58 of 2004 (unreported)
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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