Rahans Investments Limited v Amaranth Enterprised Limited; Kenya National Chamber of Commerce (Third Party) [2021] KEELC 547 (KLR)
- Court
- Environment & Land Court
- Case number
- 547
- Citation
- [2021] KEELC 547 (KLR)
- Decided
- 8 December 2021
Summary at a glance
TypeCivilPostureApplication for stay of execution pending appealCoramN.A. MATHEKA
The application is dismissed with costs as the appeal is not arguable and the success of the appeal would not be rendered nugatory.
Facts
The defendant (Amaranth) had previously been granted an interlocutory mandatory injunction by Azangalala J. on 27 August 2009, restraining the defendant from interfering with the plaintiff's (Rahans) occupation of Mombasa/Block XXIII/185. The plaintiff (Rahans) has been in occupation of the suit property since January 2016. The plaintiff has filed a notice of appeal against the judgment.
Issues
- Whether the application for stay of execution pending appeal is arguable.
- Whether the success of the appeal, if successful, would be rendered nugatory by the refusal to grant the stay.
Reasoning
The court found that the appeal is not frivolous and the success of the appeal would not be rendered nugatory. The court also found that the plaintiff has not suffered substantial loss and has not provided security.
Outcome
Application dismissed with costs
Authorities cited
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