Titus Mulandi Kitonga & 2 others v Hashtag Biz Hub Company Limited [2021] KEELC 3424 (KLR)
- Court
- Environment & Land Court
- Case number
- 3424
- Citation
- [2021] KEELC 3424 (KLR)
Summary at a glance
TypeCivilPostureAppeal from an interlocutory order granting an injunctionCoramE. O. OBAGA
The Applicants do not have an arguable appeal and the application for stay of execution is dismissed.
Facts
The Respondent filed a suit against the Applicants seeking an injunction and specific performance of a sale agreement. The trial magistrate granted the injunction and directed the OCPD Embakasi Police Station to ensure compliance. The Applicants appealed the orders, seeking a stay of execution pending the appeal.
Issues
- Whether the trial magistrate had jurisdiction to grant the injunction
- Whether the Applicants have an arguable appeal
Reasoning
The court finds no merit in the Applicants' application as the Respondent had been granted possession and the status quo should be maintained before the 3rd Applicant entered the suit premises.
Outcome
Application dismissed with costs to the Respondent
Orders
- Application for stay of execution dismissed
Remedies
- Costs to the Respondent
Authorities cited
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