DAVID G. KATIBA v KENYA COMMERCIAL BANK LTD [2007] KECA 15 (KLR)
- Court
- Court of Appeal
- Case number
- 15
- Citation
- [2007] KECA 15 (KLR)
- Decided
- 13 July 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for an injunction in an intended appeal from a Ruling & Order of the High Court of KenyaCoramR.S. C. Omo-lo, E.M. Githinji, W.S. Deverell
Holding
The Court dismisses the applicant's notice of motion and orders the applicant's costs to be awarded to the respondent.
Facts
The applicant, David G. Katiba, sought an injunction to restrain Kenya Commercial Bank Ltd. from selling or transferring his property, LR NO. LOC 10 Wanjengi/121, pending the hearing and determination of an appeal. The High Court dismissed the application for the injunction.
Issues
- Whether the applicant has an arguable appeal
- Whether the refusal to grant an injunction would render the appeal nugatory
Reasoning
The Court finds that the applicant has not satisfied the Court that his appeal is arguable and thus dismisses the application.
Outcome
Appeal dismissed
Orders
- The applicant's notice of motion is dismissed with costs awarded to the respondent
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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