Peter Safari Shehe v Madzayo Mrima & Jadi Advocate [2021] KECA 890 (KLR)
- Court
- Court of Appeal
- Case number
- 890
- Citation
- [2021] KECA 890 (KLR)
- Decided
- 19 March 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay pending appealCoramW. Ouko, W. Karanja, S. Gatebmu Kairu (FCIArb)
Holding
The application for stay pending appeal is dismissed with no orders as to costs.
Facts
The applicant sought a temporary injunction to restrain the respondent from selling a Tipper Lorry registration number KCC 846S, which had been attached to satisfy an advocate/client bill of costs taxed at Kshs. 2,000,000.
Issues
- Whether the appeal is arguable
- Whether the appeal will be rendered nugatory if successful
Reasoning
The Court of Appeal found that the conditions precedent for the grant of an interlocutory injunction were not met and that the appeal, if successful, would not serve any purpose to the applicant.
Outcome
Dismissed
Authorities cited
Cases cited (1)
- Stanley Kangethe Kinyanjui vs. Tony Ketter & 5 others [2013] 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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