Royal Media Services Limited & 2 others v Attorney General & 8 others [2014] KECA 777 (KLR)
- Court
- Court of Appeal
- Case number
- 777
- Citation
- [2014] KECA 777 (KLR)
- Decided
- 7 February 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for Injunction Pending AppealCoramP. KIHARA KARIUKI, ALNASHIR VISRAM, H.M. OKWENGU
Holding
The Court allowed the application for injunction pending the lodging, hearing and determination of an intended appeal.
Facts
The applicants sought an injunction against the 2nd and 3rd respondents and a stay of execution of the High Court judgment due to their intended appeal against the judgment.
Issues
- Whether the intended appeal was arguable
- Whether the injunction would render the appeal nugatory
Reasoning
The Court found the applicants' intended appeal to be arguable and that the injunction would not render the appeal nugatory. The Court also considered the conflicting claims of both sides and the applicant need not demonstrate an overwhelming probability that the application would be rendered nugatory.
Outcome
The Court allowed the application and issued the injunction.
Orders
- Injunction for a period of 45 days pending the lodging, hearing and determination of an intended appeal
Remedies
- Injunction
Authorities cited
Legislation (3)
- Article 34 of the Constitution of Kenya
- Article 159 of the Constitution of Kenya
- Civil Procedure Act (Cap 21)
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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