Mavumba v Kamau (Civil Application E087 of 2021) [2022] KECA 451 (KLR) (18 March 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 451
- Citation
- [2022] KECA 451 (KLR)
- Decided
- 18 March 2022
The court found the intended appeal to be arguable and ordered the status quo to be maintained until the appeal is heard and determined.
Facts
The Applicant, Mavumba, sought an injunction against the Respondent, Kamau, to restrain him from selling, charging, transferring or constructing on the suit property or dealing in any manner whatsoever pending the hearing and determination of the intended appeal against the judgment and decree of Hon. C. Yano J. dated 2nd June 2021 in Mombasa ELC Case No. 185 of 2012.
Issues
- Whether the intended appeal is arguable.
- Whether the appeal will be rendered nugatory if the orders sought are not granted and the appeal ultimately succeeds.
Reasoning
The court considered the application, the supporting and replying affidavits of the respective parties, and the filed written submissions of counsel. The court found that the intended appeal is arguable and that the appeal will not be rendered nugatory if the orders sought are not granted.
Outcome
The court ordered the status quo to be maintained until the appeal is heard and determined.
Orders
- Order that the status quo as currently obtains on the ground be maintained until the appeal is heard and determined.
Remedies
- Order to maintain the status quo until the appeal is heard and determined.
Authorities cited
Cases cited (1)
- Stanley Kang'ethe Kinyanjui vs Tony Ketter and others [2013] eKLR
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