James v Kenya Commercial Bank Limited & another (Civil Application E045 of 2021) [2022] KECA 573 (KLR) (13 May 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 573
- Citation
- [2022] KECA 573 (KLR)
- Decided
- 13 May 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from the High Court's dismissal of an application for stay of further proceedings and injunctionCoramA.K. MURGOR, H. OMONDI, Dr. K.I. LAIBUTA
Holding
The motion is dismissed with costs to the respondents.
Facts
The applicant sought a stay of further proceedings and an injunction against the respondent bank and another respondent, claiming that she had approached the bank for a mortgage facility to purchase a parcel of land, which was subsequently sold to the other respondent. The applicant had filed a suit in the Environment and Land Court, which was dismissed, and then filed a High Court suit seeking an injunction.
Issues
- Whether the appeal is arguable
- Whether the intended appeal is nugatory
Reasoning
The court found the appeal not arguable and dismissed the motion.
Outcome
Appeal dismissed
Orders
- Motion dismissed with costs
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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