Nairobikiru Line Services Limited v Sub-County of Othaya & 2 others [2017] KECA 749 (KLR)
- Court
- Court of Appeal
- Case number
- 749
- Citation
- [2017] KECA 749 (KLR)
- Decided
- 1 March 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for injunction and stay of High Court rulingCoramP. N. WAKI, R. N. NAMBUYE, F. SICHALE
Holding
The application for stay of execution of the dismissal order is unmerited and dismissed with costs to the 3rd respondent
Facts
The applicant, NAIROBIKIRU LINE, filed a suit against the respondents seeking an injunction against them and their agents from harassing, intimidating, threatening, and impounding any vehicles belonging to the applicant at the Othaya Matatu/Bus Terminus. The High Court dismissed the motion.
Issues
- Whether the High Court's dismissal of the motion can be stayed
- Whether the applicant's motion for injunction can be granted
Reasoning
The court cannot undo the High Court's decision and granting a stay would be tantamount to reviving the dismissed application.
Outcome
The application for stay of execution of the dismissal order is dismissed with costs to the 3rd respondent
Orders
- Application for stay of execution of the dismissal order is dismissed with costs to the 3rd respondent
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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