[1997] KECA 172 (KLR)
The Court of Appeal found that the applicant failed to demonstrate that it had an arguable appeal against the order of the superior court granting a mandatory injunction to the respondents. The court, after considering the submissions and the record, concluded that the application for stay was unmeritorious as no...
Source-derived case information.
- Citation
- [1997] KECA 172 (KLR)
- Parties
- Applicant: Prudential Drycleaners Limited; Respondent: Rao Jaivirsinthhji N. T/A Darbar Wholesalers; Respondent: Patrick C. Kinuthia T/A Equatorial Accountancy; Respondent: Isaac W. Njoroge T/A Umoja Cushion Repairs; Respondent: Nancy W. Ngige T/A Nan Hot Spot
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 126 of 1997
- Procedural Posture
- Civil Application / Application for Stay Pending Appeal
- Outcome
- application dismissed with costs
- Judges
- JE Gicheru
- Legal Topics
- Stay of Execution, Mandatory Injunctions, Appeals Process, Possession of Premises
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Prudential Drycleaners Limited
Applicant
Rao Jaivirsinthhji N. T/A Darbar Wholesalers
Respondent
Patrick C. Kinuthia T/A Equatorial Accountancy
Respondent
Isaac W. Njoroge T/A Umoja Cushion Repairs
Respondent
Nancy W. Ngige T/A Nan Hot Spot
Respondent
Procedural Posture
Civil Application / Application for Stay Pending Appeal
Legal Issues
- 1 Whether the applicant has demonstrated an arguable appeal against the order granting a mandatory injunction to the respondents.
- 2 Whether a stay of execution of the superior court's order should be granted pending appeal.
Ratio Decidendi
The Court of Appeal found that the applicant failed to demonstrate that it had an arguable appeal against the order of the superior court granting a mandatory injunction to the respondents. The court, after considering the submissions and the record, concluded that the application for stay was unmeritorious as no substantial grounds had been shown to warrant the exercise of its discretion in favour of the applicant. Consequently, the application for stay was dismissed with costs to the respondents.
Court Disposition
application dismissed with costs
Orders
- The application for stay is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI (Coram: Gicheru, Lakha, JJ.A. & Bosire, Ag. J.A.)
CIVIL APPLICATION NO. NAI. 126 OF 1997 (UR.53/97)
BETWEEN
PRUDENTIAL DRYCLEANERS LIMITED...........................APPLICANT
AND
1. RAO JAIVIRSINTHHJI N.
T/A DARBAR WHOLESALERS.
2. PATRICK C. KINUTHIA
T/A EQUATORIAL ACCOUNTANCY.
3. ISAAC W. NJOROGE
T/A UMOJA CUSHION REPAIRS.
4. NANCY W. NGIGE
T/A NAN HOT SPOT..................................RESPONDENTS
(Appeal from the ruling of the High Court of Kenya at Nairobi (Moijo Ole Keiuwa, J.) dated 15th May, 1997 in H.C.C. SUIT NO. 830 OF 1997)
*******************
RULING
In this motion, the applicant seeks a stay of the order of the superior court dated 30th April, 1997 wherein the respondents were granted a mandatory injunction restoring them to the suit premises L.R. Nakuru/Municipality/Block 5/42. Listening to counsel for the applicant and having carefully looked at the record of the application before us, it would appear that the applicant has not demonstrated that it has an arguable appeal in its intended appeal against the order of the superior court referred to above. In the result, we think that this application is unmeritorious and the same is dismissed with costs to the respondents.
Dated and delivered at Nairobi this 6th day of June, 1997.
J.E. GICHERU
..............
JUDGE OF APPEAL
A.A. LAKHA
...............
JUDGE OF APPEAL
S.E.O. BOSIRE
.............
JUDGE OF APPEAL
I certify that this is
a true copy of the original.
DEPUTY REGISTRAR