Gulf Timber & Hardware Supplies Limited v Ngaruiya & 5 others (Civil Appeal E203 of 2021) [2022] KECA 87 (KLR) (4 February 2022) (Ruling) (with dissent - S ole Kantai, JA)
- Court
- Court of Appeal
- Case number
- 87
- Citation
- [2022] KECA 87 (KLR)
- Decided
- 4 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution and injunctionCoramAngote, Mumbi Ngugi, Omondi, OLE KANTAI
Holding
The application for stay of execution and injunction is granted.
Facts
Gulf Timber & Hardware Supplies Limited applied for a stay of execution of an order issued by the Environment and Land Court, which restrained the applicant from trespassing on the suit property. The 1st respondent claimed ownership of the property and sought a temporary injunction.
Issues
- Whether the appeal is arguable and likely to be rendered nugatory if the stay is not granted.
- Whether the orders issued by the ELC judge were mandatory and final determinations of facts at an interlocutory stage.
Reasoning
The Court finds the appeal arguable and likely to be rendered nugatory if the stay is not granted, thus granting the application.
Outcome
Appeal granted
Orders
- A temporary injunction issues against the implementation of the ruling and order issued on 11th June, 2021, in Machakos ELC Case No. 145 of 2018 pending the hearing and determination of this application.
- A stay of execution of the ruling and order issued on 11th June, 2021, in Machakos ELC No. 145 of 2018 pending the hearing and determination of the intended Appeal.
Remedies
- Stay of execution of the ruling and order issued on 11th June, 2021, in Machakos ELC No. 145 of 2018.
- Temporary injunction against the implementation of the ruling and order issued on 11th June, 2021, in Machakos ELC Case No. 145 of 2018.
Authorities cited
Cases cited (2)
- Wasike v Swala [1984] eKLR 591
- Stanley Kangethe Kinyanjui v Tony Ketter & 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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