[1996] KECA 14 (KLR)
The court found that the applicants failed to demonstrate any arguable points to be raised on appeal, as there was no evidence that the annual general meeting was wrongly called or held, nor that any existing injunction had been ignored. Additionally, there was no satisfactory evidence that the appeal would be...
Source-derived case information.
- Citation
- [1996] KECA 14 (KLR)
- Parties
- Applicant: Kihiu Mwiri Farmers Co. Ltd & Six Others; Respondent: Benson Ngumi Job & Six Others
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 162 of 1996
- Procedural Posture
- Civil Application / Application for Temporary Injunction Pending Appeal
- Outcome
- application dismissed with costs
- Judges
- AM Akiwumi, AB Shah
- Legal Topics
- Interlocutory Injunctions, Appeal Stay, Rule 5 2 B Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kihiu Mwiri Farmers Co. Ltd & Six Others
Applicant
Benson Ngumi Job & Six Others
Respondent
Procedural Posture
Civil Application / Application for Temporary Injunction Pending Appeal
Legal Issues
- 1 Whether the applicants have demonstrated arguable grounds for appeal to warrant a temporary injunction.
- 2 Whether the appeal would be rendered nugatory if the injunction is not granted.
Ratio Decidendi
The court found that the applicants failed to demonstrate any arguable points to be raised on appeal, as there was no evidence that the annual general meeting was wrongly called or held, nor that any existing injunction had been ignored. Additionally, there was no satisfactory evidence that the appeal would be rendered nugatory if the injunction was not granted. The court also noted that allegations of theft against the respondents were unsupported by evidence, and that two of the applicants did not support the application. Consequently, the application for a temporary injunction was dismissed with costs to be paid personally by the 2nd, 4th, 5th, and 6th applicants.
Court Disposition
application dismissed with costs
Orders
- The application is dismissed.
- Costs to be paid personally by the 2nd, 4th, 5th, and 6th applicants.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: AKIWUMI, TUNOI & SHAH, JJ.A.
CIVIL APPLICATION NO. NAI. 162 OF 1996 (62/96UR)
BETWEEN
KIHIU MWIRI FARMERS CO. LTD & SIX OTHERS .......... APPLICANTS
AND
BENSON NGUMI JOB & SIX OTHERS ………...….......RESPONDENTS
(Being an application for a temporary injunction pending Appeal from the Ruling of (Hon. Justice Kuloba) dated 7th May, 1996
in
H.C.C.C. NO, 1043 OF 1996)
*************
RULING OF THE COURT
For an application brought under Rule 5(2(b) to succeed, the applicant must show that there are arguable grounds to be argued on the appeal and in addition that if the injunction sought is not granted and the appeal succeeds, it would be nugatory. We fear that the applicants have not shown that they have arguable points to argue at the appeal. We say this because it has riot been shown that the annual general meeting was wrongly called and wrongly held, or whether there was any existing injunction which had been ignored by the learned judge whose ruling is the subject of the intended appeal. Furthermore, there is no satisfactory evidence that the appeal if successful would be nugatory. It was alleged that the first five respondents are thieves, but there is no evidence at all to support this. Indeed, two of the applicants Nos.3&7 have also from affidavits filed do not support the application. In the result the application will he dismissed with costs to be paid by the 2nd, 4th, 5th and 6th applicants personally It is so ordered.
Dated and delivered at Nairobi this 22nd day of May, 1996.
A.M. AKIWUMI
………………………
JUDGE OF APPEAL
P.K. TUNOI
………………………
JUDGE OF APPEAL
A.B. SHAH
………………………
JUDGE OF APPEAL
I certify that this is
a true copy of the original.
DEPUTY REGISTRAR