[1997] KECA 72 (KLR)
The Court of Appeal found that the High Court did not err in refusing to grant the interlocutory injunction. The appellants' counsel conceded that the grounds of appeal had been spent, and the court independently found no basis for interfering with the exercise of discretion by the superior court. The appeal was...
Source-derived case information.
- Citation
- [1997] KECA 72 (KLR)
- Parties
- Appellant: Stephen Mbugua Muchui & 149 Others; Respondent: Mbo-I-Kamiti Farmers Company Limited and 8 Others
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 210 of 1996
- Procedural Posture
- Civil Appeal / Appeal Against Refusal of Injunction
- Outcome
- appeal dismissed with costs
- Legal Topics
- Interlocutory Injunctions, Appeals Process, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Mbugua Muchui & 149 Others
Appellant
Mbo-I-Kamiti Farmers Company Limited and 8 Others
Respondent
Procedural Posture
Civil Appeal / Appeal Against Refusal of Injunction
Legal Issues
- 1 Whether the High Court erred in refusing to grant an interlocutory injunction to the appellants.
- 2 Whether the grounds of appeal remained valid at the time of hearing.
Ratio Decidendi
The Court of Appeal found that the High Court did not err in refusing to grant the interlocutory injunction. The appellants' counsel conceded that the grounds of appeal had been spent, and the court independently found no basis for interfering with the exercise of discretion by the superior court. The appeal was therefore dismissed for lack of merit, and costs were awarded to the respondents.
Court Disposition
appeal dismissed with costs
Orders
- The appeal is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 210 of 1996
STEPHEN MBUGUA MUCHUI & 149 OTHERS ……………..............................................……APPELLANTS
AND
MBO-I-KAMITI FARMERS COMPANY LIMITED AND 8 OTHERS ………………………. RESPONDENTS
(Appeal from the Order/Ruling of the High of Kenya at Nairobi (Justice Ole-Keiwua)
delivered on 24th June, 1996
IN
H. C. C. C. NO. 2071 OF 1994)
**************************
JUDGMENT OF THE COURT
This is an appeal against the decision of the superior court (Ole Keiwua, J.) given on 24th June 1996 whereby he dismissed the appellants’ application for an injunction.
Having heard Mr. Mubea for the appellants we are satisfied that this appeal has no merit. The learned judge was in no error either in principle or otherwise in refusing the injunction. We ourselves find no basis on which such an order could have been made.
Mr. Mubea for the appellants conceded and, in our view rightly, that the grounds of appeal have been spent.
The appeal fails and is dismissed with costs.
Dated and delivered at Nairobi this 12th day of June, 1997.
R. S. C. OMOLO
…………………
JUDGE OF APPEAL
A.A. LAKHA
…………………..
JUDGE OF APPEL
S. E. O. BOSIRE
…………………..
Ag. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR