Kamindi Self Fridges Supermarkets Limited v Kiambu Murutani Company Limited (Civil Application E360 of 2022) [2024] KECA 10 (KLR) (25 January 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 10
- Citation
- [2024] KECA 10 (KLR)
- Decided
- 25 January 2024
The application is dismissed as the applicant has failed to satisfy the two limbs of the test under rule 5 (2) (b).
Facts
The applicant, Kamindi Self Fridges Supermarkets Limited, placed a bid to purchase a parcel of land known as Kiambu Township Block 11/87, held by the respondent, Kiambu Murutani Company Limited. The applicant paid a 15% deposit but the respondent failed to deliver the completion documents, leading to a suit in the Environment and Land Court (ELC). The ELC dismissed the applicant's suit.
Issues
- Whether the applicant can obtain a temporary injunction pending appeal
- Whether the applicant has demonstrated sufficient grounds to show that the appeal will be rendered nugatory if the injunctive orders are not issued
Reasoning
The court found that the applicant has not shown that the respondent would not be in a position to compensate it by way of damages in the event that the suit property is sold to a third party, and thus has not sufficiently demonstrated how the appeal will be rendered nugatory if the injunctive orders are not issued.
Outcome
Application dismissed
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