Kuwinda Rurinja Co. Ltd v Kuwinda Holdings Ltd. & 13 others [2010] KECA 13 (KLR)
- Court
- Court of Appeal
- Case number
- 13
- Citation
- [2010] KECA 13 (KLR)
The application for injunction is refused, but the status quo is maintained until the final determination of the appeal.
Facts
The applicant, Kuwinda Rurinja Co. Ltd., seeks an injunction against the 1st and 2nd respondents to prevent them from alienating, transferring, sub-dividing, or developing the subject matter of the appeal, LR No. 10262/2, pending the hearing and determination of Civil Appeal No. 8 of 2003.
Issues
- Whether the applicant's appeal is arguable
- Whether the injunction sought is necessary to prevent the respondents from sub-dividing and developing the subject matter of the appeal
- Whether the injunction will render the appeal nugatory
Reasoning
The Court finds the applicant's appeal arguable and upholds the overriding objective of the Appellate Jurisdiction Act to facilitate the just, expeditious, proportionate, and affordable resolution of appeals. The Court orders the status quo to be maintained until the final determination of the appeal.
Outcome
The application for injunction is refused.
Orders
- The status quo is maintained until the final determination of the appeal.
Authorities cited
Legislation (1)
- Appellate Jurisdiction Act (Cap. 9 Laws of Kenya)
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