[1997] KECA 377 (KLR)
The Court found that the applicant failed to satisfy the first condition for the grant of an injunction under Rule 5(2)(b) of the Court of Appeal Rules, namely, that there must be an arguable appeal. The Court was not convinced by the submissions of the applicant's counsel that there was an arguable appeal. As this...
Source-derived case information.
- Citation
- [1997] KECA 377 (KLR)
- Parties
- Applicant: Kalenjin Enterprises Ltd; Respondent: James Cheruiyot; Respondent: Elijah Chelaite; Respondent: Alicen Chelaite; Respondent: Christopher Koech & 11 Others
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 108 of 1997
- Procedural Posture
- Civil Application / Application for Injunction Pending Appeal
- Outcome
- application dismissed with costs
- Legal Topics
- Interlocutory Injunctions, Appeals, Rule 5 2 B Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kalenjin Enterprises Ltd
Applicant
James Cheruiyot
Respondent
Elijah Chelaite
Respondent
Alicen Chelaite
Respondent
Christopher Koech & 11 Others
Respondent
Procedural Posture
Civil Application / Application for Injunction Pending Appeal
Legal Issues
- 1 Whether the applicant has demonstrated an arguable appeal to warrant the grant of an injunction under Rule 5(2)(b) of the Court of Appeal Rules.
Ratio Decidendi
The Court found that the applicant failed to satisfy the first condition for the grant of an injunction under Rule 5(2)(b) of the Court of Appeal Rules, namely, that there must be an arguable appeal. The Court was not convinced by the submissions of the applicant's counsel that there was an arguable appeal. As this threshold was not met, the application for injunction could not succeed and was dismissed with costs to the respondents.
Court Disposition
application dismissed with costs
Orders
- The application is dismissed with costs.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: GICHERU, OMOLO & LAKHA, JJ.A.)
CIVIL APPLICATION NO. NAI. 108 OF 1997
BETWEEN
KALENJIN ENTERPRISES LTD ............................. APPLICANTANDJAMES CHERUIYOTELIJAH CHELAITEALICEN CHELAITECHRISTOPHER KOECH & 11 OTHERS ........................ RESPONDENTSRULING OF THE COURT
Notwithstanding the submissions made by Mr. Kiplenge for the applicants we are not satisfied that the applicants have an arguable appeal. This is the first condition on which we have to be satisfied before an application for an injunction under Rule 5(2)(b) of the Rules of this Court can be granted. Accordingly, the application is dismissed with costs.
Made at Nairobi this 4th day of June, 1997.
J.E. GICHERU .................. JUDGE OF APPEAL
R.S.C. OMOLO .................. JUDGE OF APPEAL
A.A. LAKHA .................. JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR