Mburu & 5 others v Barclays Bank of Kenya Limited (Civil Application Sup 22 of 2019) [2024] KECA 366 (KLR) (12 April 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 366
- Citation
- [2024] KECA 366 (KLR)
- Decided
- 12 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for Leave to AppealCoramD. K. MUSINGA, S. GATEMBU KAIRU, MUMBI NGUGI
Holding
The application for leave to appeal is incompetent as it was filed outside the stipulated period.
Facts
The applicants sought a mareva injunction against the respondent, but the High Court dismissed their application. The applicants then appealed to the Court of Appeal, which dismissed their appeal.
Issues
- Whether the High Court erred in failing to find that a mareva injunction was wrongfully sought and granted against the applicants.
- Whether the applicants were entitled to compensation by way of damages as a consequence of the High Court's decision.
Reasoning
The applicants filed their application 48 days after the High Court's decision, which is outside the 14-day period allowed by rule 42(b) of the Court's Rules.
Outcome
The application for leave to appeal is dismissed with costs to the respondent.
Orders
- The notice of motion dated 18th November 2019 is hereby struck out with costs to the respondent.
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…