Evans Thiga Gaturu & another v Naiposha Company Limited & 13 others [2016] KECA 565 (KLR)
- Court
- Court of Appeal
- Case number
- 565
- Citation
- [2016] KECA 565 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for injunction pending appealCoramALNASHIR VISRAM, J. MOHAMMED, JUDGE OF APPEAL
Holding
The Court allows the application and orders that the orders for warrants of arrest be stayed pending the hearing and determination of the intended appeal.
Facts
The applicants, Evans Thiga Gaturu and Caroline Wanjihia, sought an injunction pending the hearing and determination of an intended appeal against the ruling and orders of the High Court at Nairobi (Gikonyo, J) delivered on 10th June, 2015.
Issues
- Whether the intended appeal is arguable.
- Whether the intended appeal, if successful, will be rendered nugatory if the injunction is not granted.
Reasoning
The Court found that the applicants have demonstrated that the intended appeal is arguable and that the intended appeal, if successful, will be rendered nugatory if the injunction is not granted.
Outcome
The application is granted.
Orders
- The orders for warrants of arrest for alleged contempt of court by the High Court (Gikonyo J) dated 10th June, 2015, and orders arising therefrom dated 1st July, 2015, are hereby stayed pending the hearing and determination of the intended appeal.
Remedies
- Stay of the orders for warrants of arrest pending the hearing and determination of the intended appeal.
Authorities cited
Cases cited (8)
- ISHMAEL KAGUNYI THANDE v HOUSING FINANCE OF KENYA LTD, CIVIL APPLN NO. NAI 157 OF 2006
- J.K. INDUSTRIES LTD v KENYA COMMERCIAL BANK LTD
- STANLEY KANGETHE KINYANJUI v TONY KETTER & 5 OTHERS
- DENNIS MOGAMBI MONGARE v ATTORNEY GENERAL & 3 OTHERS
- STANISLUS NYAGAKA ONDIMU v KALYASOI FARMERS CO-OPERATIVE SOCIETY & OTHERS
- P.R. Kotecha and another vs. N.R. Pav and another
- JACKSON KIPKEMBOI KOSKEY & 7 OTHERS v SAMUEL MURIITHI NJOGU & 4 OTHERS
- SAMSON GETANGITA NKWEGE & 2 OTHERS v ANISON NYAHIRI MUHINDI
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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