Muchene v Kinuthia & 2 others (Civil Application E603 of 2024) [2025] KECA 813 (KLR) (9 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 813
- Citation
- [2025] KECA 813 (KLR)
- Decided
- 9 May 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution pending the hearing of an appealCoramL. ACHODE, W. KORIR, JOEL NGUGI
Holding
The application is struck out with costs to the respondents.
Facts
The applicant Patrick Kabue Muchene seeks an injunction restraining the respondents from evicting him from the suit parcel, while the respondents argue that there is no proper appeal before the court.
Issues
- Whether the applicant's intended appeal is arguable
- Whether the applicant's application for injunction is valid
Reasoning
The court ruled that there is no valid appeal before the court, as the applicant's pending application for extension of time to file an appeal has not been granted. Therefore, the applicant cannot anchor his application under rule 5(2)(b).
Outcome
The application is dismissed.
Orders
- The notice of motion dated 12th November 2024 is hereby struck out with costs to the respondents.
Authorities cited
Cases cited (2)
- Waweru Mwaura vs. Mary Wanjiru Njenga [2016] KECA 574 (KLR)
- Safaricom Limited vs. Ocean View Beach Hotel Limited & 2 Others [2010] 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.
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