William Njihia Kimani v Francis Waweru Mbochi [2020] KECA 184 (KLR)

Facts

The applicant William Njihia Kimani applied for conservatory orders and an injunction against the respondent Francis Waveru Mbochi, seeking to restrain the respondent from evicting him from certain parcels of land. The application was triggered by a decision made on 23rd November, 2010 by the High Court in which the respondent's application seeking cancellation of the title deed issued in favour of the applicant was allowed. The applicant did not lodge a notice of appeal.

Issues

1. Whether the applicant's application for conservatory orders and an injunction should be granted.
2. Whether the respondent's contention that the applicant is abusing the court process by making numerous applications over the same matter is valid.

Reasoning

The applicant's application was dismissed as there was no foundation upon which it could be anchored without a notice of appeal. Further, no order of stay can be granted when the substratum sought to be stayed has shifted or dissipated.

Outcome

Application dismissed with costs to the respondent.

Authorities cited