Dewdrop Enterprises Limited v Etindi & another (Civil Application 148 of 2019) [2022] KECA 73 (KLR) (4 February 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 73
- Citation
- [2022] KECA 73 (KLR)
- Decided
- 4 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for injunction pending appealCoramR. N. Nambuye, J. Mohammed, S. ole Kantai
Holding
The application is dismissed with costs to the 1st respondent
Facts
Dewdrop Enterprises Limited filed a petition in the High Court alleging that Martin Bright Etindi breached a tenancy agreement. The High Court dismissed the petition with no order as to costs. Dewdrop Enterprises Limited then appealed and filed an application for an injunction.
Issues
- Whether the Court of Appeal has jurisdiction to grant an injunction pending an appeal
- Whether the applicant has established the twin principles for granting an injunction under Rule 5(2)(b) of the Court of Appeal Rules
Reasoning
The Court of Appeal found that the High Court's order did not grant any relief to the respondents, and the applicant failed to establish the twin principles for granting an injunction under Rule 5(2)(b) of the Court of Appeal Rules.
Outcome
Application dismissed
Orders
- Application dismissed with costs to the 1st respondent
Authorities cited
Legislation (1)
- Articles 20(4), 35(1), 35(2), 40(1), 47, 50, 159(2) & 259(1) of the Constitution
Cases cited (3)
- Trust Bank Limited and Another v. Investech Bank Limited and 3 Others [2000] eKLR
- Equity Bank Limited vs. Mbo Limited [2013] eKLR
- Devani and 4 Others vs. Joseph Ngindari & 3 Others, Civil Application No. Nai. 136 of 2004
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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