Verisone Limited v Kanoga (Environment and Land Appeal 21 of 2022) [2022] KEELC 15397 (KLR) (20 December 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 15397
- Citation
- [2022] KEELC 15397 (KLR)
- Decided
- 20 December 2022
Summary at a glance
TypeAppealPostureAppeal from a dismissal of an application for an injunctionCoramEK MAKORI
The appeal will be rendered nugatory, and the application for an injunction or order for status quo, pending appeal, is hereby dismissed.
Facts
The appellant sold a parcel of land to the respondent, but the respondent was late in payment and never granted possession. The lower court ordered vacant possession, leading to an appeal.
Issues
- Whether the preliminary objection should be upheld
- Whether this court should issue injunctive orders to preserve the suit property
Reasoning
The court found that the status quo has already been changed due to the respondent's eviction, and the pending lower court matter does not support a new cause of action.
Outcome
Appeal dismissed
Orders
- PO is hereby dismissed
- Notice of motion dated June 27, 2022 is hereby dismissed
- Appellant to serve respondent the appeal record within 21 days
- Respondent to reply within 14 days after service
- Costs of the PO and the application to abide by the outcome of the intended appeal
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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