Equitorial Land Holdings v Korir (Civil Appeal (Application) 177 of 2020) [2022] KECA 1303 (KLR) (2 December 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1303
- Citation
- [2022] KECA 1303 (KLR)
- Decided
- 2 December 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for an injunction pending the hearing and determination of an appealCoramHANNAH OKWENGU, H. A. OMONDI, J. MATIVO
Holding
The application must therefore fail for want of satisfying the twin conditions in an application under 5(2) (b). The Notice of Motion dated July 28, 2020 is accordingly dismissed with costs to the respondent.
Facts
Equitorial Land Holdings applied for an injunction pending the hearing and determination of an appeal from a ruling of the Environmental and Land Court at Eldoret. The respondent opposed the application.
Issues
- Whether the applicant had obtained leave to appeal to clothe this Court with jurisdiction to deal with the matter.
- Whether the applicant's appeal is arguable.
- Whether the applicant's appeal would be rendered nugatory if the orders sought for are not granted.
Reasoning
The court found that the applicant had not obtained leave to appeal and that the appeal was not arguable. The applicant's appeal would not be rendered nugatory as it had vacated the suit properties and had purchased another property.
Outcome
The application is dismissed with costs.
Orders
- The Notice of Motion dated July 28, 2020 is dismissed with costs to the respondent.
Authorities cited
Legislation (1)
- Court of Appeal Rules 2010
Cases cited (1)
- African Safari Club Limited vs Safe Rentals Limited, Nai Civ App 53/2010
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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