[2020] KEHC 9924 (KLR)

[2020] KEHC 9924 (KLR)

The court held that while it had already dismissed the plaintiff's application for injunction, it retained jurisdiction to grant an injunction pending appeal. However, since the plaintiff had already filed an application for similar relief in the Court of Appeal, the High Court would only grant a temporary...

Source-derived case information.

Citation
[2020] KEHC 9924 (KLR)
Parties
Plaintiff: Silas Misoi Yego t/a Siro Investments; Defendant: Transnational Bank Limited; Defendant: Lydiah N. Waweru t/a Purple Royal Auctioneers
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Civil Case E101 of 2020
Procedural Posture
Civil Case / Ruling on Injunction Pending Appeal
Outcome
Injunction pending appeal granted for 14 days only; costs to the respondents.
Legal Topics
Injunction Pending Appeal, Jurisdiction of High Court, Interlocutory Orders
Source Language
en
Civil Procedure Commercial and Corporate Injunction Pending Appeal Jurisdiction of High Court Interlocutory Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Silas Misoi Yego t/a Siro Investments

Plaintiff

Transnational Bank Limited

Defendant

Lydiah N. Waweru t/a Purple Royal Auctioneers

Defendant

Procedural Posture

Civil Case / Ruling on Injunction Pending Appeal

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant an injunction pending appeal.
  2. 2 Whether an injunction pending appeal should be granted when an application is already filed in the Court of Appeal.
  3. 3 Whether the plaintiff is entitled to interim relief to preserve the subject matter pending appeal.

Ratio Decidendi

The court held that while it had already dismissed the plaintiff's application for injunction, it retained jurisdiction to grant an injunction pending appeal. However, since the plaintiff had already filed an application for similar relief in the Court of Appeal, the High Court would only grant a temporary injunction for a period of 14 days to allow the plaintiff to move the appellate court. The court exercised its discretion to ensure that the appeal process was not rendered nugatory, but limited the duration of the injunction to prevent abuse of process and to respect the jurisdiction of the appellate court. Costs were awarded to the respondents.

Court Disposition

Injunction pending appeal granted for 14 days only; costs to the respondents.

Orders

  • An injunction pending appeal is granted for a period of 14 days only to enable the plaintiff to move the Court of Appeal.
  • Costs of the application are awarded to the respondents.