Hesbon K. Limisi v Delilah Achieng Mathews & 2 others [2015] KECA 966 (KLR)

Facts

Hesbon K. Limisi applied for an injunction pending the hearing and determination of the appeal from the ruling and order of the High Court of Kenya at Nairobi (Gitumbi, J) dated 6th June 2014, ELC HCCC NO. 1227 OF 2013. The applicant claimed that the respondents (Delilah Achieng Mathews and Argwings Kodhek Ochely) had not transferred and registered any dealing in favour of any party whatsoever in respect of Flat No. F situated on block No. MF 32 in Madaraka estate Nairobi.

Issues

1. Whether the applicant has made out an arguable appeal
2. Whether the appeal, if successful, will be rendered nugatory if the orders sought are not granted

Reasoning

The court found that the applicant has made out an arguable appeal and that the appeal, if successful, will be rendered nugatory if the orders sought are not granted. The court exercises discretion under Rule 5 (2) (b) of the Rules of this Court to allow the application.

Outcome

The application for injunction pending the hearing and determination of the appeal is allowed.

Authorities cited