Mavoko Water & Sewerage Company v Edermann Property Limited & another (Civil Appeal (Application) E112 of 2024) [2024] KECA 918 (KLR) (26 July 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 918
- Citation
- [2024] KECA 918 (KLR)
- Decided
- 26 July 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for injunction pending appealCoramD. K. MUSINGA, ASIKE-MAKHANDIA, MUMBI NGUGI
Holding
The application for injunction is dismissed with costs to the 2nd respondent.
Facts
Mavoko Water & Sewerage Company operates a sewerage plant on a portion of the suit property owned by Edermann Property Limited. Edermann Property Limited had secured a loan from Credit Bank Kenya Limited and charged the entire suit property. The 1st respondent defaulted on the loan, leading to the exercise of the statutory power of sale by Edermann Property Limited. Mavoko Water & Sewerage Company joined the fray and applied for an injunction, which was granted but later vacated.
Issues
- Who should manage the sewerage plant
- Whether the appeal is arguable
Reasoning
The court found that the intended appeal is not arguable and dismissed the application.
Outcome
Dismissed with costs
Authorities cited
Cases cited (2)
- Trust Bank Limited & Another vs. Investech Bank Limited and 3 others [2000] eKLR
- Kithinji & 2 Others [2014] 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…