Stephen Mwatha Kanja v Peter Kiarie Njuguna & another [2021] KECA 611 (KLR)
- Court
- Court of Appeal
- Case number
- 611
- Citation
- [2021] KECA 611 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for a stay of execution of the judgment of a previous caseCoramW. OUKO, ASIKE-MAKHANDIA, S. ole KANTAI
Holding
The application is incompetent and is struck out with no order as to costs.
Facts
The applicant seeks a temporary injunction to restrain the respondents from interfering with a suit property, plot No. 6 Gatundu market, pending the hearing and determination of an appeal.
Issues
- Provisions of the Civil Procedure Act and rules made thereunder
- Provisions of the Civil Procedure Rules
Reasoning
The applicant did not invoke the right provisions of the law under which the prayer sought is founded. The court cannot make a finding without its jurisdiction being properly invoked by a party who seeks the court's intervention.
Outcome
Application struck out with no order as to costs
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- National Land Commission Vs. Johnson Olio Misiga 2020 eKLR
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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