Anne Wangeci Schofield t/a Schofield & Associates v Ehsani & another (Civil Application E032 of 2022) [2022] KECA 792 (KLR) (24 June 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 792
- Citation
- [2022] KECA 792 (KLR)
- Decided
- 24 June 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for injunction pending appealCoramD. K. MUSINGA, W. KARANJA, ASIKE-MAKHANDIA
Holding
The application is dismissed with no order as to costs.
Facts
Anne Wangeci Schofield filed a suit in the High Court seeking damages for breach of a retainer contract with Palm Valley Development Ltd. The respondents were to share profits from the sale of units on the property. The High Court dismissed her application for injunction.
Issues
- Whether the High Court erred in failing to consider the fact that the respondents were a limited liability company and the 1st respondent had to file a board resolution authorizing him to prosecute the suit.
- Whether the intended appeal is arguable and if so, whether it will be rendered nugatory if the injunction orders are not granted.
Reasoning
The Court found the appeal arguable and dismissed the application for injunction. The Court did not find the appeal nugatory.
Outcome
Appeal dismissed
Authorities cited
Cases cited (1)
- Reliance Bank (in liquidation) v Norlake Investments Ltd [2002] 1 EA 227
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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