Marete v Ndegwa & 2 others (Civil Appeal (Application) E042 of 2021) [2023] KECA 11 (KLR) (20 January 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 11
- Citation
- [2023] KECA 11 (KLR)
- Decided
- 20 January 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for injunction pending appealCoramS GATEMBU KAIRU, P NYAMWEYA, J LESIIT
Holding
The application for injunction is dismissed.
Facts
The applicant, Jane Marete, entered into an agreement for sale with the deceased 1st respondent, Joseph Waitiki Ndegwa, regarding the property known as land reference number 5608 (original number 5303/221) in section I Mainland North, Mombasa County. The applicant seeks an injunction to restrain the respondents from selling, advertising, alienating, transferring, evicting her possession and occupation of the property pending the appeal.
Issues
- Whether the applicant is entitled to an injunction pending the appeal
- Whether the 1st respondent is deceased and the legal status of the application
Reasoning
The court found that the 1st respondent is deceased and the application is not valid as the deceased cannot be a party to the application.
Outcome
Application dismissed
Orders
- Application for injunction dismissed
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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