Simandi Investments Limited v Macharia & 2 others (Civil Application E104 of 2021) [2022] KECA 55 (KLR) (4 February 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 55
- Citation
- [2022] KECA 55 (KLR)
- Decided
- 4 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution and injunctionCoramHA OMONDI
Holding
The application lacks merit and is dismissed
Facts
The applicant filed a suit for determination of the proper party and compensation for the compulsory acquisition of land by the Kenya National Highway Authority. The Environmental and Land Court ordered the Authority to withhold half of the compensation and pay the other half to the applicant.
Issues
- Whether the applicant has satisfied the requirements for an injunction
- Whether the appeal will be rendered nugatory if the injunction is not granted
Reasoning
The court found that the substantive prayers have not been dealt with by the trial court and that the appeal is not arguable.
Outcome
Application dismissed
Authorities cited
Cases cited (3)
- Civil Application 12/15-Deynes Muriithi & 4 Other v LSK & Another [2016]eKLR
- Teachers Service Commission v Kenya National Union of Teachers & 3 Others, Sup. Court App 16/2015 [2015]eKLR
- 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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