Elisha Kiprono Seroney v Christopher Kuto [2020] KEELC 3003 (KLR)
- Court
- Environment & Land Court
- Case number
- 3003
- Citation
- [2020] KEELC 3003 (KLR)
- Decided
- 23 April 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant's Application for Injunction and Stay of ProceedingsCoramM. A. Odeny
Holding
The application for injunction and stay of proceedings is dismissed with no orders as to costs.
Facts
The appellant filed a suit against the respondent, seeking an injunction and a stay of proceedings in Kapsabet Senior Principal Magistrates Court E & L No. 97 of 2018. The respondent did not file a reply to the application.
Issues
- Whether the applicant is entitled to an order of injunction.
- Whether the court should stay proceedings in Kapsabet Senior Principal Magistrates Court E & L No. 97 of 2018 pending the hearing and determination of the appeal.
Reasoning
The court found that the applicant has not established a prima facie arguable case for the stay of proceedings and that granting the injunction would cause more harm than good.
Outcome
Appeal dismissed
Authorities cited
Cases cited (8)
- Bilha Mideva Buluku v Everlvne Kanvere [2016] eKLR
- Patricia Njeri & 3 others v National Museum of Kenya [2004] eKLR
- Giela v Casman BrownLtd 1973 EA 358
- Kenya Power & Lighting Co. Ltd vs. Esther Wanjiru Wokabi Civil Appeal No. 326 of 2013 (2014) eKLR
- Christopher Ndolo Mutuku & Another vs. CFC Stanbic Bank Ltd (2015) eKLR
- George Oraro vs. Kenya Television Network Nairobi HCCC No. 151 of 1992
- Christopher Ndolo Mutuku & Another vs. CFC Stanbic Bank Ltd (2015) eKLR
- Re Global Tours & Travel Ltd HCWC No. 43 of 2000 Ringera, J (as he then was)
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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