[2001] KECA 141 (KLR)
The court found that there was no proper basis for holding the matter as urgent, especially considering the applicant's previous conduct. The application for urgency was therefore dismissed with costs. The court exercised its discretion to decline certification of urgency, emphasizing that urgency must be...
Source-derived case information.
- Citation
- [2001] KECA 141 (KLR)
- Parties
- Applicant: Mburu Kinani; Respondent: Kanyeki Farmers Co-operative Society Ltd
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 147 of 2001
- Procedural Posture
- Civil Application / Application for Injunction and Stay Pending Appeal
- Outcome
- application for urgency dismissed with costs
- Legal Topics
- Injunctions, Stay of Execution, Urgency of Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mburu Kinani
Applicant
Kanyeki Farmers Co-operative Society Ltd
Respondent
Procedural Posture
Civil Application / Application for Injunction and Stay Pending Appeal
Legal Issues
- 1 Whether the application for injunction and stay should be certified as urgent.
- 2 Whether the applicant has demonstrated sufficient grounds for urgency.
Ratio Decidendi
The court found that there was no proper basis for holding the matter as urgent, especially considering the applicant's previous conduct. The application for urgency was therefore dismissed with costs. The court exercised its discretion to decline certification of urgency, emphasizing that urgency must be substantiated and not presumed merely because an application for stay or injunction is filed.
Court Disposition
application for urgency dismissed with costs
Orders
- The application for urgency is dismissed with costs.
Full Case Text
Judgment text and source record
12 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: BOSIRE, J.A (IN CHAMBERS) CIVIL APPLICATION NO. NAI.147 OF 2001 (UR.84/2001)
BETWEEN MBURU KINANI ..............................................................................APPLICANT
AND
KANYEKI FARMERS CO-OPERATIVE SOCIETY LTD.............RESPONDENT
(An application for an injunction and a stay of the judgment and decree of (Justice J.K. Mitey) dated 16th November 2000
in
H.C.C.C. No.1440 of 1998) ******************
R U L I N G
I have reflected on this matter on the question of urgency and I do not think there is any basis or proper basis for holding that this matter is urgent, more so considering the previous conduct of the applicant, Mburu Kimani. In the result I still decline to certify this motion as urgent. I dismiss the application for urgency with costs.
Dated and delivered at Nairobi this 31st day of July, 2001.
S.E.O. BOSIRE ............................. JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR