Soni & another v Shah & another (Civil Application E222 of 2023) [2024] KECA 115 (KLR) (9 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 115
- Citation
- [2024] KECA 115 (KLR)
- Decided
- 9 February 2024
We grant a temporary order of injunction to restrain the respondents from selling the property known as LR No. 34/524 located at Wambugu Road, Parklands Nairobi pending the hearing and determination of the appeal.
Facts
The applicants, mother and son, took a loan from the respondents. The respondents filed suit and obtained an interlocutory judgment and a decree. The applicants applied to set aside the judgment and stay execution, claiming service of summons was irregular and they were coerced into signing documents.
Issues
- Whether the applicants' application to set aside the interlocutory judgment and final decree was arguable
- Whether the applicants' appeal is frivolous
- Whether the applicants are entitled to a temporary injunction pending the appeal
Reasoning
The applicants are not entitled to a temporary injunction as the appeal is not frivolous and the applicants' claims of duress are unfounded. However, we grant the temporary injunction to prevent the sale of the property pending the appeal.
Outcome
Appeal dismissed, temporary injunction granted
Orders
- Temporary injunction to restrain the respondents from selling the property LR No. 34/524 located at Wambugu Road, Parklands Nairobi pending the hearing and determination of the appeal
Remedies
- Temporary injunction
Authorities cited
Cases cited (1)
- John Mburu vs Consolidated Bank of Kenya [2018] eKLR
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