Wapang'ana v Equity Bank Limited & another (Civil Appeal 107 of 2016) [2022] KECA 814 (KLR) (27 May 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 814
- Citation
- [2022] KECA 814 (KLR)
- Decided
- 27 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to amend the memorandum of appealCoramP. O. KIAGE, K. M'INOTI, MUMBI NGUGI
Holding
The application for leave to amend the memorandum of appeal is dismissed with costs.
Facts
The applicant, Erick Kimingichi Wapang'ana, sought an injunction against Equity Bank Limited and Antique Auction Agencies. The High Court dismissed the suit for want of prosecution and disallowed the prayer for reinstatement of injunctive orders.
Issues
- Jurisdiction of the trial court
- Procedural issues in filing the appeal
Reasoning
The court found the application devoid of merit due to the applicant's abuse of the court process and the material and substantial change in the grounds of appeal.
Outcome
Application dismissed with costs
Authorities cited
Cases cited (3)
- Patriotic Guards Limited -vs- James Kipchirchir Sambu (2018) eKLR
- George Gikubu Mbuthia -vs- Consolidated Bank of Kenya Ltd & another (2016) eKLR
- John Mugambi & Mugambi & Company Advocates -vs- Kiama Wangai (2021) 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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