[1997] KECA 339 (KLR)
The Court of Appeal found that the High Court had properly exercised its discretion in refusing to grant the interlocutory injunction sought by the appellants. There was no error in principle or otherwise in the judge's decision. The grounds of appeal were conceded by the appellants' counsel to have been spent, and...
Source-derived case information.
- Citation
- [1997] KECA 339 (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
- ? 210 of 1996
- Procedural Posture
- Civil Appeal / Appeal Against Refusal of Injunction
- Outcome
- appeal dismissed
- Legal Topics
- Interlocutory Injunctions, Appeals Against Interlocutory Orders
- 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 there was any basis for the appellate court to interfere with the High Court's exercise of discretion.
Ratio Decidendi
The Court of Appeal found that the High Court had properly exercised its discretion in refusing to grant the interlocutory injunction sought by the appellants. There was no error in principle or otherwise in the judge's decision. The grounds of appeal were conceded by the appellants' counsel to have been spent, and the appellate court found no basis to interfere with the High Court's order. Consequently, the appeal was dismissed with costs.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, LAKHA, JJ.A. & BOSIRE, AG.J.A.) CIVIL APPEAL NO. 210 OF 1996
BETWEEN
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 Court 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 APPEAL
S.E.O. BOSIRE
....................
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR