Zara Properties Limited (Cpr/2010/24490) v Zara Properties Limited (C.106174) & another [2018] KECA 259 (KLR)
- Court
- Court of Appeal
- Case number
- 259
- Citation
- [2018] KECA 259 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for injunction pending hearing and determination of Civil appeal No. 216 of 2018CoramP. N. WAKI
Holding
The application for urgency is rejected. The matter is not urgent and may be listed for hearing inter partes when the main appeal is ripe for hearing.
Facts
There is a dispute between Zara Properties Limited (CPR/2010/24490) and Zara Properties Limited (C.106174) regarding the construction and development of LR No. 209/12261. The applicant seeks an injunction pending the hearing of the main appeal.
Issues
- Urgency of the application for injunction
- Ownership of the property
Reasoning
The court finds no urgency in the application because the main appeal is imminent and there is already an order for stay of execution of the lower court's decision. The developments on the property were already made and should have been addressed in the first application for stay.
Outcome
Application for urgency rejected
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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