Bimalroy Chhotalal Shah & another v I & M Bank Limited [2019] KECA 496 (KLR)
- Court
- Court of Appeal
- Case number
- 496
- Citation
- [2019] KECA 496 (KLR)
- Decided
- 19 July 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for injunction pending appealCoramD.K. MUSINGA, S. GATEMBU KAIRU, A. K. MURGOR
Holding
The application for injunction is dismissed as the applicants failed to satisfy the second conditionality and the intended appeal would not be rendered nugatory.
Facts
The applicants filed a Notice of Appeal against the High Court's order. They claimed the property was their family home and that the respondent had breached the agreement by issuing a Statutory Notice of Sale.
Issues
- Whether the appeal is arguable
- Whether the intended appeal would be rendered nugatory if the injunction was not granted
Reasoning
The Court found the appeal to be arguable but not sufficient to grant the injunction. The applicants did not demonstrate how the appeal would be rendered nugatory if the respondent were to sell the property.
Outcome
The motion dated 11th January 2019 fails, and is dismissed with costs to the 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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