James Mbatia Thuo & another v Kenya Railways Corporation & another [2015] KECA 850 (KLR)
- Court
- Court of Appeal
- Case number
- 850
- Citation
- [2015] KECA 850 (KLR)
The court allows the application for injunction and orders the applicants to continue paying due rent.
Facts
The applicants are former employees of Kenya Railways Corporation who entered into an annual lease agreement with the corporation. The corporation later issued notices to terminate the leases and require the applicants to vacate the suit premises. The applicants then filed a judicial review suit seeking orders to prevent eviction and compel the corporation to sell the premises to them.
Issues
- Whether the intended appeal is arguable.
- Whether the intended appeal would be rendered nugatory if the injunction is not granted.
Reasoning
The court finds the intended appeal arguable and satisfied that the applicants have met the second limb of the test, thus allowing the application.
Outcome
The applicants are granted an injunction pending the hearing and determination of the intended appeal.
Orders
- Order for temporary injunction
Remedies
- Continued rent payments
Authorities cited
Legislation (2)
- Appellate Jurisdiction Act
- Court of Appeal Rules, 2010
Cases cited (3)
- Reliance Bank Ltd v Norlake Investments Ltd (2002) 1 EA 227
- Githunguri v Jimba Credit Corporation Ltd & Others (No.2) [1988] KLR 828
- Ahmed Musa Ismael v Kumba Ole Ntamorua & 4 others
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