Maina & another v Equity Bank Limited & 2 others (Civil Application E945 of 2023) [2024] KECA 881 (KLR) (26 July 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 881
- Citation
- [2024] KECA 881 (KLR)
- Decided
- 26 July 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from a High Court rulingCoramS. OLE KANTAI, P. NYAMWEYA, J. MATIVO
Holding
The applicants' application is dismissed with costs
Facts
Maina and Ndichu were the registered owners of a parcel of land in Nairobi. Equity Bank Limited sold the land at an auction to Athi River Shalom Community Hospital Ltd for Kshs 58,000,000. The applicants sought an injunction pending appeal.
Issues
- Whether the applicants have an arguable appeal
- Whether the applicants' appeal will be rendered nugatory if an injunction is not granted
Reasoning
The court found that the applicants have not satisfied the nugatory limb of the application and their application lacks merit.
Outcome
Application dismissed
Orders
- Application dismissed with costs
Authorities cited
Cases cited (1)
- Stanley Kang'ethe Kinyanjui vs Tony Ketter & 5 Others [2013] 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…