Njami & another t/a Bemwa Stationers Chania Cool Bus Service v Kandie (Civil Appeal 26 of 2018) [2026] KEHC 5609 (KLR) (27 April 2026) (Ruling)
The court found no reason to maintain the status quo and declined to grant the oral application.
Source-derived case information.
- Citation
- [2026] KEHC 5609 (KLR)
- Parties
- Appellant: Jotham Mwariri Njami; Appellant: Ben David Mahui t/a Bemwa Stationers Chania Cool Bus Service; Respondent: Andrew Kimutai Kandie
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 26 of 2018
- Procedural Posture
- Civil Appeal / Ruling on Oral Application for Status Quo
- Outcome
- oral application for status quo declined
- Legal Topics
- Status Quo Orders, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jotham Mwariri Njami
Appellant
Ben David Mahui t/a Bemwa Stationers Chania Cool Bus Service
Appellant
Andrew Kimutai Kandie
Respondent
Procedural Posture
Civil Appeal / Ruling on Oral Application for Status Quo
Legal Issues
- 1 Whether to grant an order maintaining the status quo pending further action
Ratio Decidendi
The court found no reason to maintain the status quo and declined to grant the oral application.
Court Disposition
oral application for status quo declined
Orders
- Appellants to be supplied with copies of proceedings and judgment upon payment.
- Appellants have a right to move to the Court of Appeal for any orders.
Full Case Text
Judgment text and source record
1 paragraphs
HCCA NO. 26 OF 2018 REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT VOI CIVIL APPEAL NO. 26 OF 2018 JOTHAM MWARIRI NJAMI BEN DAVID MAHUI T/A BEMWA STATIONERS CHANIA COOL BUS SERVICE………………………………. ……………..APPELLANT =VERSUS= ANDREW KIMUTAI KANDIE...………………………………………… RESPONDENT RULING 1. The Appellants are seeking an order of status quo for 14 days to chart the way forward. 2. The Respondent who filed this case in 2016 has been waiting for justice for over 10 years. 3. Justice is a two-edged sworn and therefore the courts must consider the predicament of both parties. 4. I find no reason to maintain the status quo in this case. Page 1 of 2 HCCA NO. 26 OF 2018 5. I decline to grant the oral application to maintain the status quo. 6. The Appellants to be supplied with copies of the proceedings and the judgment upon payment. 7. The Appellants have a right to move to the Court of Appeal for any orders. Dated, signed and delivered this 22nd day of April 2026 in open court at Voi High Court. ASENATH ONGERI JUDGE In the presence of:- Court Assistant: Millicent/Eghwa Mr. Mathenge for the Appellants Miss Langat for the Respondent Mr. Masore for the Auctioneer Page 2 of 2