Peter Ng’ang’a Muiruri v Peter Nganga Muiruri & another [2009] KECA 46 (KLR)
- Court
- Court of Appeal
- Case number
- 46
- Citation
- [2009] KECA 46 (KLR)
- Decided
- 20 November 2009
The application is dismissed with costs, as the intended appeal is not arguable and the success of the appeal would not render the proceedings in HCCC No.1928 of 2000 nugatory.
Facts
The appellant obtained a loan from Housing Finance Company of Kenya (HFCK) secured by a charge over his land parcel. He later filed an injunction application in the High Court, which was dismissed for non-prosecution. The appellant then filed a new application in Milimani Commercial Court, which was also dismissed for abuse of process. The appellant sought an injunction in a previous case (HCCC No. 1928 of 2000), which was reinstated and dismissed for loss of interest. The appellant then filed a chamber summons seeking to join additional parties and amend the plaint.
Issues
- Whether the intended appeal is arguable.
- Whether the success of the intended appeal would render the proceedings in HCCC No.1928 of 2000 nugatory.
Reasoning
The court found that the intended appeal is not arguable due to the history of the case and the law, but it cannot be determined for certain. The court also noted that the applicant can still proceed with damages against the respondents if the appeal succeeds.
Outcome
The application is dismissed with costs.
Orders
- The application for injunction is dismissed.
- The chamber summons is dismissed.
- The intended appeal is not arguable.
Remedies
- Damages against the respondents if the intended appeal succeeds.
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