[1999] KECA 33 (KLR)
The Court of Appeal found that the applicant had fulfilled the requisite conditions for the grant of an injunction pending appeal under rule 5(2)(b) of the Court of Appeal Rules. The court was satisfied that the intended appeal was not frivolous and that there was a real risk that the appeal would be rendered...
Source-derived case information.
- Citation
- [1999] KECA 33 (KLR)
- Parties
- Applicant: Pulin Harakchand Shah; Respondent: Southern Credit Banking Corporation Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 109 of 1999
- Procedural Posture
- Injunction Application / Application for Injunction Pending Appeal
- Outcome
- injunction granted pending appeal
- Legal Topics
- Interlocutory Injunctions, Appeals, Discretionary Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pulin Harakchand Shah
Applicant
Southern Credit Banking Corporation Limited
Respondent
Procedural Posture
Injunction Application / Application for Injunction Pending Appeal
Legal Issues
- 1 Whether the applicant has satisfied the conditions for grant of an injunction pending appeal under rule 5(2)(b) of the Court of Appeal Rules.
Ratio Decidendi
The Court of Appeal found that the applicant had fulfilled the requisite conditions for the grant of an injunction pending appeal under rule 5(2)(b) of the Court of Appeal Rules. The court was satisfied that the intended appeal was not frivolous and that there was a real risk that the appeal would be rendered nugatory if the injunction was not granted. Accordingly, the court exercised its discretion to issue the injunction as prayed, pending the hearing and determination of the intended appeal.
Court Disposition
injunction granted pending appeal
Orders
- An injunction shall issue as prayed in prayer 1 of the Notice of Motion dated 10th May, 1999, pending the hearing and determination of the intended appeal.
- The costs of this application shall be in the intended appeal.
Full Case Text
Judgment text and source record
19 paragraphs
REPULIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, TUNOI & LAKHA, JJ.A.) CIVIL APPLICATION NO. NAI 109 OF 1999 (40/99 UR)
BETWEEN
PULIN HARAKCHAND SHAH .............................................. APPLICANT AND SOUTHERN CREDIT BANKING CORPORATION LIMITED ....................... RESPONDENT
(Application for an injunction pending Appeal from the Ruling of the High Court of Kenya at Nairobi (Ole Keiwua, J) delivered on 8th December, 1998
in
H.C.C.C. NO. 759 OF 1998)
RULING OF THE COURT
Having heard counsel for the parties, we are satisfied that the requisite conditions for the exercise of this court's discretion under rule 5 (2) (b) of its Rules are fulfilled.
Accordingly, an injunction shall issue as prayed in prayer 1 of the Notice of Motion dated 10th May, 1999, pending the hearing and determination of the intended appeal.
The costs of this application shall be in the intended appeal.
Made at Nairobi this 28th day of May, 1999.
R. O. KWACH ...............
JUDGE OF APPEAL
P. K. TUNOI ...............
JUDGE OF APPEAL
A. A. LAKHA ...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR