James Mwaura & 2 others v Eliud Muthiga Mbiyu & 2 others [2021] KEHC 898 (KLR)

Facts

On 21st April 2021, the Micro and Small Enterprises Tribunal issued ex parte orders restraining the appellants from changing office bearers of Kamkunji Jua Kali Association and interfering with its running. The appellants filed an application to set aside these orders, which was dismissed on 7th May 2021. The appellants then filed an appeal and an application for stay of execution and proceedings.

Issues

1. Whether the appellants have an arguable appeal against the ex parte orders
2. Whether the appellants would suffer substantial loss if the orders are denied

Reasoning

The court found no unreasonable delay in bringing the application. However, the appellants failed to show substantial loss they would suffer if the order for stay is denied. The court also noted that the ex parte orders were issued after the appellants were served and the Tribunal refused to set them aside.

Outcome

Appeal dismissed

Authorities cited