Dhanjal Investments Limited v Shabaha Investment Limited (Civil Application E049 of 2025) [2026] KECA 627 (KLR) (25 March 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 627
- Citation
- [2026] KECA 627 (KLR)
- Decided
- 25 March 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureRespondent filed an application for execution of a monetary decree, applicant opposed the applicationCoramD. K. MUSINGA (PRESIDENT), A. K. MURGOR, G. W. NGENYE-MACHARIA
Holding
The application is dismissed with costs to the respondent
Facts
Respondent sought a prohibitory order against a parcel of land to restrain any transfer or charge, applicant opposed the application citing deceased directors, pending succession disputes, and insufficient particularization of the amount claimed
Issues
- Whether the applicant's application for injunction and stay of proceedings should be granted
- Whether the respondent's appeal would be rendered nugatory
Reasoning
The court declined to authorize an immediate sale, preservation of property pending computation of the decretal amount cannot render an appeal nugatory, and the decree holder has not satisfied the legal procedures
Outcome
Dismissed
Orders
- Notice of motion dated 17th June 2025 is hereby dismissed with costs to the respondent
Remedies
- Remedies to address the situation if the property is sold after required legal procedures are followed and the appeal later succeeds
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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