Gacheru v Family Bank Limited (Civil Application E387 of 2024) [2024] KECA 1605 (KLR) (8 November 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1605
- Citation
- [2024] KECA 1605 (KLR)
- Decided
- 8 November 2024
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TypeCivil ApplicationPostureAppeal from the High Court's dismissal of an injunction applicationCoramS. GATEMBU KAIRU, P. NYAMWEYA, L. ACHODE
Holding
The Court allows the application and orders that the costs of the application abide the outcome of the appeal.
Facts
The applicant, Simon Kariuki Gacheru, sought an injunction to prevent the respondent, Family Bank Limited, from realizing a security by way of public auction and taking adverse steps towards the suit property pending the hearing and determination of an intended appeal.
Issues
- Whether the applicant has demonstrated an arguable appeal and that the appeal will be rendered nugatory if the orders of injunction are not granted.
- Whether the appeal will be rendered nugatory if the respondent proceeds with the sale of the property pending the appeal.
Reasoning
The Court finds that the applicant has satisfied the twin principles under Rule 5(2)(b) of the Court's rules, and that the appeal will be rendered nugatory if it succeeds, as the family will have already faced hardship including eviction and relocation.
Outcome
The application for injunction is granted.
Orders
- An order for injunction to issue restraining the respondent from proceeding to realize the security by way of public auction and taking any adverse steps towards the suit property pending the filing, hearing, and determination of the intended appeal.
- An order for conservatory in nature in respect to the property or an order for status quo to be maintained pending the filing, hearing, and determination of the intended appeal.
Remedies
- Costs of the application to be abided by the outcome of the appeal.
Authorities cited
Cases cited (5)
- Stanley Kangethe Kinyanjui v Tony Ketter & 5 others (2013) eKLR
- Damji Pragji Mandavia v Sara Lee Household & Body Care (K) Ltd, Civil Application No. Nai 345 of 2004
- Joseph Gitahi Gachau & Another v. Pioneer Holdings (A) Ltd. & 2 others, Civil Application No. 124 of 2008
- Reliance Bank Ltd v Norlake Investments Ltd [2002] 1 EA 227
- Multimedia University & Another vs GNN (Civil Application 225 of 2013) [2014] KECA 85 (KLR) (31 January 2014) (Ruling)
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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