Wasika Walucho Ally v Molyne Credit Limited [2019] KEELC 2551 (KLR)
- Court
- Environment & Land Court
- Case number
- 2551
- Citation
- [2019] KEELC 2551 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a ruling disallowing an application for injunctive reliefCoramN.A. MATHEKA
Holding
The court finds the appeal not arguable and dismisses it with costs.
Facts
The appellant, Wasika Walucho Ally, sought an injunction to restrain the respondent, Molyne Credit Limited, from selling his registered property, L.R. No. S/Wanga/Ekero/4099, which the respondent had advertised for sale on 19 September 2018.
Issues
- Whether the appeal or intended appeal is arguable
- Whether the refusal to grant a stay would render the appeal nugatory
Reasoning
The court does not find the appeal arguable and dismisses it, stating that the appellant has not fulfilled the grounds to enable a stay.
Outcome
Appeal dismissed with costs
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (3)
- Chris Munga N. Bichange Vs Richard Nyagaka Tongi & 2 Others
- Mohamed Salim T/A Choice Butchery Vs Nasserpuria Memon Jamat
- Carter & Sons Ltd vs Deposit Protection Fund Board & 2 Others
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…