Ushago Diani Investment Limited v Abdulwahab (Civil Appeal (Application) E209 of 2024) [2026] KECA 85 (KLR) (30 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 85
- Citation
- [2026] KECA 85 (KLR)
- Decided
- 30 January 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for stay of execution and injunction pending appealCoramGW NGENYE-MACHARIA, L. L. Naikuni
Holding
The applicant’s intended appeal is not arguable and the Motion for a stay of execution and injunction pending appeal is dismissed.
Facts
The applicant, Ushago Diani Investment Limited, invested Kshs. 37,500,000 in the suit property (Kwale/Diani Beach Block/1463) owned by the respondent, Jabeen Manan Abdulwahab, to build a shopping complex. The respondent refused to transfer the property to the applicant.
Issues
- Whether the respondent’s actions constitute a breach of her obligation as a shareholder and agreement with co-shareholders.
- Whether the respondent’s suit is res judicata.
Reasoning
The grounds of appeal do not relate to the impugned ruling but to a previous decision. The submissions made by the respondent were not considered, and the appeal lacks merit.
Outcome
The Motion for a stay of execution and injunction pending appeal is dismissed.
Orders
- Motion for a stay of execution and injunction pending appeal is dismissed.
- No order as to costs.
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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