Sekento v Muntet & 11 others (Environment & Land Case 83 of 2017) [2022] KEELC 3327 (KLR) (16 June 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3327
- Citation
- [2022] KEELC 3327 (KLR)
- Decided
- 16 June 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInjunction ApplicationPostureNotice of Motion Application and Notice of Preliminary ObjectionCoramCG MBOGO
Holding
The court does not have the jurisdiction to grant temporary orders of injunction pending appeal.
Facts
The applicant, Lirian Ole Sekento, seeks an injunction pending appeal against the respondents, who are attempting to evict her from the parcel of land known as Cis Mara/Enare/Boolkesi/1 to Cis Mara/Enare Boolkesi/14 or any other part of the land.
Issues
- Whether the court has jurisdiction to grant orders of injunction pending appeal.
- Whether the applicant has satisfied the conditions for granting orders of injunction pending appeal.
Reasoning
The court found that the applicant has not been brought under Order 42 Rule 6 of the Civil Procedure Rules, and the court has already rendered its decision and the applicant intends to appeal to the Court of Appeal.
Outcome
The application for orders of injunction pending appeal is dismissed.
Authorities cited
Legislation (2)
- Civil Procedure Act
- High Court (Organisation and Administration) Act No. 27 of 2015
Cases cited (4)
- Madhupaper International Limited v Kerr
- Re Estate of Harish Chandra Hindocha (deceased)
- Bartholomew Mwanyungu & 3 others v Florence Dean Karimi
- Clesoi Holdings Limited v Prime Bank Limited
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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