Kwanza Estate v Dubai Bank Limited [2014] KEHC 4491 (KLR)

Facts

Plaintiff sought various prayers including a permanent injunction and declarations against the Defendant. The Defendant filed a Notice of Appeal but the Record of Appeal has not been filed.

Issues

1. Whether the Notice of Motion is defeated by the Defendant's Notice of Appeal
2. Whether the Plaintiff can seek review of the Ruling

Reasoning

The Court found that the Plaintiff cannot seek review after filing a Notice of Appeal, citing authorities that a review application should be filed before an appeal is preferred.

Outcome

Dismissed with costs

Authorities cited