Maisha Investments Limited v Mohamed Hassanali Alimohamed Janmohamed & another [2020] KEELC 997 (KLR)

Facts

The plaintiff brought a suit against the defendants seeking specific performance of an agreement of sale and damages for breach of contract. The defendants denied the plaintiff's claim and argued that the offer to sell the property was rescinded due to the plaintiff's failure to honor the terms of the offer.

Issues

1. Whether the court has the power to grant an injunction pending an appeal to the Court of Appeal in a suit that has been conclusively determined.
2. Whether the plaintiff's intended appeal to the Court of Appeal is arguable.

Reasoning

The court ruled that the court's power to grant an interlocutory injunction under Order 40 Rule 1 of the Civil Procedure Rules is spent since the suit has been heard and determined. The court also held that the plaintiff's intended appeal is not arguable.

Outcome

The plaintiff's application for leave to appeal and injunction pending appeal was dismissed.

Authorities cited