Gakibe v Ngumba & 3 others (Civil Application E300 of 2021) [2022] KECA 538 (KLR) (13 May 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 538
- Citation
- [2022] KECA 538 (KLR)
- Decided
- 13 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication seeking for an injunction order pending the hearing and determined of an intended appealCoramR. N. NAMBUYE, J. MOHAMMED, S. ole KANTAI
Holding
The notice of motion dated August 24, 2021 is hereby dismissed with costs.
Facts
The applicant filed an amended plaint in the Environment & Land Court (ELC) seeking a declaration that the property known as Land Reference No. 74/16 North East of Nairobi was held by the late Andrew Ngumba and the 1st defendant in trust for the applicant and is currently held.
Issues
- Whether the appeal is arguable
- Whether the intended appeal, if successful, would be rendered nugatory if the orders sought are not granted
Reasoning
The Court found the intended appeal to be arguable but dismissed the application as the applicant did not satisfy both limbs of arguability and the nugatory aspect.
Outcome
Dismissed
Authorities cited
Cases cited (3)
- Trust Bank Limited and Another v Investech Bank Limited and 3 others [2000] eKLR
- Stanley Kang'ethe Kinyanjui v Tony Ketter & 5 others [2013] eKLR
- James H. Archer & Another vs. Inger Christine Archer & 2 others [2021] 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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