Hadiya Construction & Mineral Limited v Ajabu East Africa Limited [2018] KECA 241 (KLR)
- Court
- Court of Appeal
- Case number
- 241
- Citation
- [2018] KECA 241 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicant seeks an interlocutory injunction pending the hearing and determination of an intended appeal.CoramE. M. GITHINJI, HANNAH OKWENGU, J. MOHAMMED
Holding
The application for an interlocutory injunction is dismissed with costs.
Facts
The applicant, Hadiya Construction & Mineral Limited, sued Ajabu East Africa Limited in the Environment & Land Court over several pieces of land belonging to the Municipal Housing Co-operative Society Limited. The applicant had entered into a leasehold agreement with the society.
Issues
- Whether the applicant's intended appeal is arguable.
- Whether the applicant will suffer irreparable injury if the appeal is not rendered nugatory if it succeeds.
Reasoning
The court finds that the applicant has not established an arguable appeal and that the applicant has not satisfied the requirements of Rule 5(2)(b) of the Court Rules.
Outcome
Dismissed with costs
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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