Salim v Muhaji & another (Civil Appeal (Application) E037 of 2023) [2024] KECA 356 (KLR) (22 March 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 356
- Citation
- [2024] KECA 356 (KLR)
- Decided
- 22 March 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for injunction pending appealCoramASIKE-MAKHANDIA, DR. K. I. LAIBUTA, G.V. ODUNGA
Holding
The applicant's motion is incompetent and struck out with costs to the 2nd respondent.
Facts
Mohamed Omar Salim sought an injunction pending appeal against the Environment and Land Court's ruling and orders in E.L.C. Case Nos. 246 and 363 of 2016, restraining the 1st and 2nd respondents from dealing with the suit property and the National Land Commission from paying compensation.
Issues
- Whether the applicant's motion for an injunction pending appeal is competent and justifiable.
- Whether the appeal has any chance of success and the suits in the High Court have abated.
Reasoning
The deceased 1st respondent was a party to the consolidated suits in the High Court, which were extinguished by abatement. The applicant's attempt to seek interlocutory orders pending a non-existent appeal is in vain.
Outcome
The applicant's Notice of Motion dated 6th May 2023 is struck out with costs to the 2nd respondent.
Orders
- The applicant's Notice of Motion dated 6th May 2023 is struck out with costs to the 2nd respondent.
Authorities cited
Cases cited (1)
- Viktar Maina Ngunjiri & 4 others v Attorney General & 6 others [2018] eKLR
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.
Loading judgment…