Japheth & 2 others v Mbesa Investments Limited & 2 others (Civil Appeal (Application) E058 of 2022) [2023] KECA 385 (KLR) (31 March 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 385
- Citation
- [2023] KECA 385 (KLR)
- Decided
- 31 March 2023
The notice of motion application is dismissed as the applicants have not shown that their appeal will render the orders nugatory.
Facts
The applicants filed an application in the Environment and Land Court seeking conservatory orders to restrain the 1st respondent from constructing 3 towers on the suit properties. The 1st respondent then applied for review of the ruling, which was allowed due to errors on the face of record, leading to the setting aside of the conservatory orders.
Issues
- Whether there were valid grounds for review of the orders granted by Naikuni J.
- Whether the applicants' appeal will render the orders nugatory
Reasoning
The court held that the applicants have an arguable appeal but the nugatory aspect has not been established. The 1st respondent would suffer greater prejudice if the construction is stopped, and the loss may not be adequately compensated by damages.
Outcome
Application dismissed
Authorities cited
Cases cited (1)
- Stanley Kangethe Kinyanjui v Tony Ketter & 5 others
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