Maalim & another v Waso Resources Development Agency (WARDA) & another (Civil Application E467 of 2021) [2022] KECA 891 (KLR) (28 April 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 891
- Citation
- [2022] KECA 891 (KLR)
- Decided
- 28 April 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from a decision of the Environment and Land CourtCoramCherono, JUDGE OF APPEAL, Mohammed, JUDGE OF APPEAL, A. Mboholi-Msagha, JUDGE OF APPEAL
Holding
The applicants' application for an injunction pending the appeal is dismissed with costs to the respondents.
Facts
The applicants, Abdirahman and Noor Maalim, are the chairmen of a self-help group that owns a plot of land in Habaswein sub-county of Wajir County. The respondents, Waso Resources Development Agency (WARDA) and Blue Magic Ltd, have commenced construction on the land, which the applicants claim infringes their property rights.
Issues
- Whether the applicants have demonstrated an arguable appeal and the nugatory aspect of the trial court's decision.
- Whether the applicants have met the threshold required under Rule 5(2)(b) of the Court of Appeal Rules for the grant of an injunction pending the appeal.
Reasoning
The court found that the applicants did not demonstrate the nugatory aspect of the trial court's decision, and thus, the applicants will have to await the outcome of their appeal.
Outcome
Appeal dismissed
Orders
- The applicants' application for an injunction pending the appeal is dismissed with costs to the respondents.
Authorities cited
Legislation (2)
- Court of Appeal Rules
- Land and Environment Court Rules
Cases cited (1)
- Kenya Industrial Estate Limited & Another v. Matilda Tenge Mwachia [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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