[2000] KECA 263 (KLR)
The Court of Appeal held that the injunction it granted on 14th December, 1989, was expressly tied to the pendency of the appeal. Since the appeal was duly filed and disposed of on 7th October, 1994, and the suit in the High Court has also been dismissed for want of prosecution, there are no longer any proceedings...
Source-derived case information.
- Citation
- [2000] KECA 263 (KLR)
- Parties
- Applicant: P.S. Abdalla; Respondent: Rejendra Singh Gohil
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 96 of 2000
- Procedural Posture
- Civil Application / Application for Discharge of Injunction After Disposal of Appeal
- Outcome
- application allowed; injunction discharged
- Legal Topics
- Injunction Discharge, Appeal Finality, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P.S. Abdalla
Applicant
Rejendra Singh Gohil
Respondent
Procedural Posture
Civil Application / Application for Discharge of Injunction After Disposal of Appeal
Legal Issues
- 1 Whether the injunction granted by the Court of Appeal pending appeal should be discharged after the appeal has been determined.
- 2 Whether any proceedings remain pending in the Court of Appeal or High Court to justify continuation of the injunction.
Ratio Decidendi
The Court of Appeal held that the injunction it granted on 14th December, 1989, was expressly tied to the pendency of the appeal. Since the appeal was duly filed and disposed of on 7th October, 1994, and the suit in the High Court has also been dismissed for want of prosecution, there are no longer any proceedings pending in either court. As such, the injunction is now spent and must be discharged. The Court further clarified that any steps the respondent may wish to take in the superior court are irrelevant to the status of the injunction before the Court of Appeal. The applicant is entitled to the release of the motor vehicle and to costs of the application, while no order as to costs...
Court Disposition
application allowed; injunction discharged
Orders
- The injunction granted by the Court of Appeal on 14th December, 1989 is discharged.
- Motor vehicle registration number KYZ 789 is to be released to the applicant forthwith.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: TUNOI, SHAH & O'KUBASU, JJ.A CIVIL APPLICATION NO. NAI. 96 OF 2000 BETWEEN
P.S. ABDALLA.........................................APPLICANT AND REJENDRA SINGH GOHIL................................RESPONDENT
(An application for discharge of an injunction in an intended appeal from the High Court of Kenya at Nairobi (Mr. Justice Rauf) dated 3. 11. 89 in H.C.C.C. NO. 2451 OF 1988) ******************* RULING OF THE COURT
This is an application for discharge of an injunction granted by this Court on 14th December, 1989. That injunction was granted when there was a notice of appeal properly lodged in this Court by the respondent. An appeal was duly filed and was disposed off on the 7th October, 1994. There is therefore no appeal pending in this Court. We are not concerned with whatever steps the respondent may wish to take in the superior court or may be taking. Insofar as this Court is concerned there is nothing pending here and as the injunction was granted pending hearing and the determination of an appeal which has been heard and determined the injunction granted by this Court is in reality spent. The suit in the High Court has been dismissed for want of prosecution. As of now there is no suit pending in the High Court. The injunction granted by this Court on 14th day of December, 1989 is hereby discharged and the motor vehicle registration number KYZ 789 is ordered to be released to the applicant forthwith. The applicant will have costs of this application payable by the respondent. As regards the Commissioner of Customs & Excise there will be no order as to costs.
Dated and delivered at Nairobi this 5th day of October, 2000.
P.K. TUNOI ................. JUDGE OF APPEAL
A.B. SHAH ................... JUDGE OF APPEAL
E. O'KUBASU .................... JUDGE OF APPEAL
I certify that this is a
true copy of the original. DEPUTY REGISTRAR.