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Said Noor, Imam Masjid Noor v Mohamud Mohamed Ahmed [2020] KEHC 3171 (KLR)

[2020] KEHC 3171 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3171
Citation
[2020] KEHC 3171 (KLR)
Decided
22 September 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks stay of execution and injunctionCoramKIARIE WAWERU KIARIE
Holding

The application is allowed to preserve the status quo and the court will grant a temporary injunction

Facts

Appellant is Imam of Noor Mosque and was dismissed from his position. Respondent was also dismissed. Appellant appealed against dismissal.

Issues

  1. Whether the appeal can operate as a stay of execution
  2. Whether the court can grant a stay of execution for sufficient cause
  3. Whether the court can grant an injunction pending appeal

Reasoning

The loss cannot be quantified in monetary terms and the court will preserve the status quo. The court will grant a temporary injunction.

Outcome

Appeal allowed

Orders

  • Stay of execution
  • Temporary injunction

Remedies

  • Preservation of status quo
  • Temporary injunction

Authorities cited

Legislation (3)
  • Civil Procedure Rules
  • Civil Procedure Act
  • Constitution of Kenya
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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