Molo Group Shuttle Ltd v Sub-County Administrator Naivasha & another [2015] KEHC 1766 (KLR)
- Court
- High Court of Kenya
- Case number
- 1766
- Citation
- [2015] KEHC 1766 (KLR)
- Decided
- 23 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks temporary injunction and stay of proceedingsCoramMuriithi, Visram
Holding
The court finds that the Respondents were entitled to raise jurisdictional objections at the earliest opportunity. The court grants a temporary injunction and stay of proceedings pending appeal.
Facts
Appellant operates a matatu shuttle business in Naivasha. Respondents are charged with licensing, controlling, and regulating transport in the sub-county. Respondents issued a notice for relocation, prompting the Appellant to seek an injunction and stay.
Issues
- jurisdiction of the court
- arguability of the appeal
- substantial loss of the appeal
- possibility of a successful appeal being rendered nugatory
- security for damages
- prejudice
Reasoning
The court considers the jurisdictional objection raised by the Respondents and grants the injunction and stay based on the principles of granting injunctions and stays pending appeal.
Outcome
The court grants the temporary injunction and stay of proceedings pending appeal.
Orders
- Temporary injunction against the Respondents and their servants/agents to restrain them from evicting, barring, barricading, or removing the Appellant's matatu shuttle vehicles from their licensed area of operation.
- Order of stay of proceedings until the hearing and determination of the appeal or further orders of the court.
Remedies
- Temporary injunction
- Stay of proceedings
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Court of Appeal Rules
Cases cited (2)
- (The Owners of the Motor vessel Lillian S)
- Ruben & 9 Others –Vs- Nderito & Anor
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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