Heshimart Enterprises v Kenya Women Microfinance Bank Limited (Civil Application E172 of 2021) [2022] KECA 699 (KLR) (8 July 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 699
- Citation
- [2022] KECA 699 (KLR)
- Decided
- 8 July 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from a previous judgment in Eldoret HCCC NO. 49 of 2018CoramP. O. KIAGE, MUMBI NGUGI, F. TUIYOTT
Holding
The application is dismissed with costs, and the injunction is not granted.
Facts
Heshimart Enterprises sought an injunction against Kenya Women Microfinance Bank Limited to prevent the sale of a charged property due to an intended appeal, but the previous judgment dismissed the suit.
Issues
- Whether the intended appeal is arguable
- Whether the sale of the charged property would render the appeal nugatory if successful
Reasoning
The Court finds the intended appeal not arguable and that the sale of the property would not render the appeal nugatory if successful.
Outcome
Appeal dismissed
Orders
- An injunction against the sale of the charged property pending the hearing and determination of the intended appeal
Remedies
- Costs awarded to the respondent
Authorities cited
Cases cited (1)
- Stanley Kangethe Kinyanjui –vs- Tony Ketter & 5 others [2013]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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