[1998] KECA 156 (KLR)
The Court of Appeal held that since no appeal had been filed since 1991, there was no basis upon which the application for injunction could be considered. The absence of a filed appeal for such a prolonged period rendered the application incompetent. The court therefore dismissed the application with costs,...
Source-derived case information.
- Citation
- [1998] KECA 156 (KLR)
- Parties
- Applicant: Arthur Wanyoike Wainaina; Applicant: James Mbuthia Wainaina; Applicant: Peter Mungai Wainaina; Respondent: Wangechi Gabriel Njiri
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 45 of 1991
- Procedural Posture
- Civil Application / Application for Injunction Pending Intended Appeal
- Outcome
- application dismissed with costs
- Judges
- AB Shah, AM Akiwumi
- Legal Topics
- Injunctions, Appeals, Dismissal for Lack of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Arthur Wanyoike Wainaina
Applicant
James Mbuthia Wainaina
Applicant
Peter Mungai Wainaina
Applicant
Wangechi Gabriel Njiri
Respondent
Procedural Posture
Civil Application / Application for Injunction Pending Intended Appeal
Legal Issues
- 1 Whether the court can entertain an application for injunction where no appeal has been filed since 1991.
Ratio Decidendi
The Court of Appeal held that since no appeal had been filed since 1991, there was no basis upon which the application for injunction could be considered. The absence of a filed appeal for such a prolonged period rendered the application incompetent. The court therefore dismissed the application with costs, emphasizing that procedural timelines and requirements must be adhered to for the court to exercise its jurisdiction in granting interlocutory relief.
Court Disposition
application dismissed with costs
Orders
- The application is dismissed with costs.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: OMOLO, AKIWUMI & SHAH, JJ.A.)
CIVIL APPLICATION NO. NAI. 45 OF 1991
BETWEEN1. ARTHUR WANYOIKE WAINAINA2. JAMES MBUTHIA WAINAINA3. PETER MUNGAI WAINAINA ............................APPLICANTSANDWANGECHI GABRIEL NJIRI ..............................RESPONDENT(Application for an injunction in an intended appeal from a ruling of the High Court of Kenya at Nairobi (Lady Justice Aluoch) dated 4th February, 1991 in H.C.C.A. NO. 167 OF 1982)RULING OF THE COURT
As no appeal has been filed since 1991, we do not see the basis upon which this application can be considered now. We order that the application be and is hereby dismissed with costs.
Dated and delivered at Nairobi this 10th day of June, 1998.
R. S. C. OMOLO ............... JUDGE OF APPEAL A. M. AKIWUMI ............... JUDGE OF APPEAL A. B. SHAH ............... JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR