Mucunu v Kariuki (Civil Application E39 of 2020) [2024] KECA 170 (KLR) (23 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 170
- Citation
- [2024] KECA 170 (KLR)
- Decided
- 23 February 2024
The application for an injunction is dismissed as the applicant has failed to demonstrate what is arguable on appeal or why an injunction should be given.
Facts
The applicant Esther Nyawira Mucunu filed a case before the Environment and Land Court (ELC) which was dismissed on 17th July, 2020. She filed a notice of appeal against the dismissal. The applicant then filed an application in ELC to vacate the land within 90 days or face eviction. The applicant is now seeking an injunction to prevent eviction and further proceedings.
Issues
- Whether the appeal is arguable and not frivolous.
- Whether the applicant should be granted an injunction to prevent eviction and further proceedings.
Reasoning
The applicant has not demonstrated that the appeal is arguable or that an injunction should be granted. The applicant failed to attach a draft Memorandum of Appeal and there is no ground raised to show why an injunction should be given.
Outcome
The application is dismissed.
Authorities cited
Cases cited (1)
- Multimedia University & Another v Professor Gitile Naituli [2014] eKLR
Loading judgment…