Metro Plaza Limited v Dubai Bank Kenya Limited (in liquidation) & 1 other
The bottom line
#Kenya's Court of Appeal froze the sale of valuable land until an appeal is heard, protecting the property from escaping to third parties.
What this practically means
#Executive summary
#Key legal issues
#Rule 5(2)(b) principles for injunctive relief pending appeal
The Court granted an injunction preserving the suit property because the applicant established both limbs of the Rule 5(2)(b) test: an arguable appeal and the prospect of the appeal being rendered nugatory.
The Court applied the two-pronged Rule 5(2)(b) test, as captured in Stanley Kangethe Kinyanjui v Tony Keter & 5 Others, requiring demonstration of an arguable appeal plus the nugatory-ness risk. Finding the appeal arguable and the suit property, being valuable land, in danger of escaping to third parties, it concluded the applicant satisfied both limbs and granted the injunction in terms of prayer (5).
Legal principles established
#- An applicant under Rule 5(2)(b) must demonstrate an arguable appeal and that the appeal would be rendered nugatory unless stay of execution or injunction is granted pending appeal.
Court orders
#- 1.Injunction granted in terms of prayer (5) of the notice of motion dated 20th January 2020 restraining the respondents from selling, transferring, charging or otherwise dealing with LR NO. 209/2379 pending the hearing and determination of the appeal
- 2.Costs of the application to abide the outcome of the appeal
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Metro Plaza Limited v Dubai Bank Kenya Limited (in liquidation) & 1 other", Case Analysis (2020). Civil Appeal (Application) No. 526 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/38/eng@2020-12-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.