Julius Musili Kyunga v Kenya Commercial Bank Ltd & 2 others [2016] KECA 619 (KLR)

Facts

The applicant, Julius Musili Kyunga, sought to prohibit the transfer of a property to the 3rd respondent, Joel Titus Musya, due to agreements between the applicant and the 1st respondent (Kenya Commercial Bank Ltd) dating back to the early 1990s. The 1st respondent sold the property to the 3rd respondent in 2008, and the applicant filed a suit in the High Court challenging the sale.

Issues

1. Whether the sale of the property by the 1st respondent was unconstitutional and in violation of the applicant's right to property.
2. Whether the applicant has an arguable appeal and the intended appeal will not be rendered nugatory if the orders are not granted.

Reasoning

The court found that the applicant has raised at least one arguable issue, and that the intended appeal will not be rendered nugatory if the orders are not granted. The court also noted that the applicant has not satisfied them that the intended appeal will be rendered nugatory if the orders are not granted.

Outcome

Application dismissed with costs