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Court of AppealDismissedNot stated in judgment· [2014] KECA 449 (KLR)

Joseph Gichuki Mugo & another v Fuji Motors E.A. Limited & 4 others [2014] KECA 449 (KLR)

Court of Appeal of Kenya
18 July 2014
AMA.K. Murgor
979 words in judgment
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The bottom line

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Kenya's Court of Appeal refused urgent treatment of a case where the only claimed urgency was that existing court protection was about to expire.

What this practically means

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Executive summary

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This is a single-judge ruling of the Court of Appeal at Nairobi by Murgor, JA, delivered on 18th July 2014, dealing with certification of urgency rather than the merits of an appeal. The applicants, who had purchased two motor vehicles from the respondents and made substantial payments and improvements, failed to obtain an injunction from the High Court (Kamau, J) by ruling of 21st May 2014 restraining the respondents from disposing of, seizing or repossessing the vehicles. They filed a Notice of Appeal and a Notice of Motion seeking similar injunctive relief pending appeal, supported by a Certificate of Urgency dated 6th June 2014. On 3rd June 2014 the single judge declined to certify the matter urgent, and the application was referred back under rule 55 for inter partes hearing. The respondents, opposing urgency, explained that the vehicles had been stolen from the 1st respondent's yard in Thika, the theft reported to the police, and that the applicants were merely requested to record statements; counsel argued the suit was incompetent as the 2nd and 5th respondents, with whom the applicants transacted, were not before the court. The judge held that no urgency was established: the mere lapsing of the High Court's interim injunctive orders was insufficient reason for a Certificate of Urgency, and no steps by the respondents showed impounding of the vehicles was imminent. The judge declined to alter the earlier decision, with costs of the urgency application to be in the main application. The decision binds the parties as to certification and does not disturb the High Court ruling.

Key legal issues

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Whether a certificate of urgency should issue for the applicants' Notice of Motion seeking an injunction pending appeal

Holding

The application was dismissed; no urgency was established warranting the motion to bypass other pending motions.

Reasoning

The court weighed the applicants' apprehension that police would impound the purchased motor vehicles against the respondents' account that the vehicles were reported stolen and the applicants were only asked to record statements. The court could not identify any circumstance occasioning urgency, noting the only claimed urgency was the lapse of the High Court's interim orders, which was insufficient, and that no steps by the respondents showed impounding was imminent.

p. 3

Legal principles established

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  • The imminent lapse of interim injunctive relief granted by the High Court is not, by itself, a sufficient reason to warrant a Certificate of Urgency in the Court of Appeal
  • An applicant for a certificate of urgency must demonstrate what has given rise to the urgency, including concrete steps by the opposing party showing that the harm apprehended is imminent

Court orders

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  1. 1.The decision declining to certify the matter as urgent made on 3rd June 2014 was not altered
  2. 2.The costs of the application for urgency to be in the main application

Authorities

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Legislation

  • Court of Appeal RulesRule 55
On appeal from
High Court
Not stated in judgment
Jurisdiction invoked
Rule 55 of the Court of Appeal Rules (reference back of the urgency application; injunction pending appeal)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Joseph Gichuki Mugo & another v Fuji Motors E.A. Limited & 4 others [2014] KECA 449 (KLR)", Case Analysis (2014). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2014/449/eng@2014-07-18

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.