Gitamayu Trading Company Limited v Nyakinyua Mugumo Kiambaa Co Ltd & 6 others [2015] KECA 703 (KLR)
- Court
- Court of Appeal
- Case number
- 703
- Citation
- [2015] KECA 703 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for an injunction pending the hearing and determination of an intended appealCoramMaraga, Mwilu, J. Mohammed, J.A
Holding
The Court dismissed the application for an injunction pending the hearing and determination of the intended appeal.
Facts
The applicant, Gitamayu Trading Company Limited, sought an injunction pending the hearing and determination of an intended appeal from the High Court's judgment dismissing his suit. The suit was filed in 1994, but the applicant was evicted from the suit property in 1977 and 1979. The suit property was registered under the 1st Respondent, Nyakinyua Mugumo Kiambaa Co Ltd.
Issues
- Whether the applicant has an arguable appeal
- Whether the orders sought would render the appeal nugatory
Reasoning
The Court found that the applicant's appeal was not arguable and that the orders sought would not render the appeal nugatory.
Outcome
Appeal dismissed
Orders
- The conservatory orders restraining the 1st Respondent from selling, transferring, and/or alienating the suit property pending the hearing and determination of the suit were vacated.
Authorities cited
Legislation (2)
- Appellate Jurisdiction Act, Cap 9
- Civil Procedure Rules
Cases cited (2)
- Reliance Bank (in Liquidation) v. Norlake Investments Ltd
- Equity Bank Limited vs. West Link Mbo Limit
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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