Saire & 2 others v Land Adjudication Officer, Transmara West & 15 others (Civil Application E003 of 2022) [2023] KECA 460 (KLR) (20 April 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 460
- Citation
- [2023] KECA 460 (KLR)
- Decided
- 20 April 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from the original trialCoramHANNAH OKWENGU, S. ole KANTAI, HELLEN OMONDI
Holding
We are not persuaded that this is an appropriate case in which the Court should issue an order of injunction that would interfere with the process of adjudication, or an order of stay of the judicial review proceedings. Accordingly, we dismiss the applicants’ motion.
Facts
The applicants are intended appellants/applicants seeking injunctive orders and stay of proceedings pending the hearing and determination of the intended appeal from the Ruling of the Enviro
Issues
- The appropriateness of issuing an order of injunction that would interfere with the process of adjudication
- The appropriateness of issuing an order of stay of the judicial review proceedings
Reasoning
The applicants have not demonstrated any irretrievable loss or damage that they would suffer such as to render their appeal a worthless exercise if successful, and there is no public interest element that would swing the pendulum in their favour.
Outcome
Dismissed
Authorities cited
Legislation (2)
- Land Adjudication Act Cap 284
- Appellate Jurisdiction Act
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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