Madhyan v Wema Transporters Limited & 4 others (Civil Application 211 of 2021) [2021] KECA 189 (KLR) (19 November 2021) (Ruling)
- Court
- Court of Appeal
- Case number
- 189
- Citation
- [2021] KECA 189 (KLR)
- Decided
- 19 November 2021
The motion is merited, and a stay of execution of the ruling of the High Court is granted on condition that the applicant files and serves the record of appeal within 45 days.
Facts
Lata Suresh Madhyan filed a suit in the High Court seeking a permanent injunction against respondents to restrain them from alienating or transferring the suit premises. The High Court granted a mandatory injunction to compel Madhyan to handover the property pending the hearing and determination of the suit. Madhyan sought orders of injunction, stay of execution and stay of proceedings against the ruling of the High Court.
Issues
- Whether the High Court's ruling granting the mandatory injunction was correct.
- Whether the intended appeal is arguable and would not be rendered nugatory if the orders were not granted.
Reasoning
The court found that the applicant's appeal is arguable due to the exercise of discretion by the trial court. The court also found that the intended appeal would not be rendered nugatory if the orders were not granted.
Outcome
The motion is granted with conditions.
Orders
- Stay of execution of the ruling of the High Court pending the hearing and determination of the appeal.
- The applicant must file and serve the record of appeal within 45 days.
Remedies
- Stay of execution of the ruling of the High Court.
- Stay of proceedings against the ruling of the High Court.
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