William Kagotho Gachuri v Julius Kanyuku Wanjau & 2 others [2021] KEELC 105 (KLR)
The bottom line
#The High Court froze the sale of a Komarock plot pending appeal because the appellant moved quickly and offered Kshs.300,000 security for costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the Appellant satisfied the conditions for a temporary injunction/stay pending appeal under Order 42 rule 6
The application was merited: it was brought without unreasonable delay, the Appellant offered security, and the court granted the injunction conditional on deposit of Kshs.300,000 security for costs
The court applied Order 42 rule 6 of the Civil Procedure Rules. It found the judgment appealed from was delivered on 15th March 2021 and the application brought without unreasonable delay. The Appellant claimed heavy investment in the suit property and imminent disposal to third parties, and offered security for due performance of the decree. Relying on Focin Motorcycle Co. Ltd, the court held the offer of security a mark of good faith and sufficient, and granted the injunction conditional on deposit of security.
Legal principles established
#- Under Order 42 rule 6(6) the High Court in the exercise of its appellate jurisdiction may grant a temporary injunction where the procedure for instituting an appeal from a subordinate court has been complied with
Court orders
#- 1.A temporary injunction restraining the 1st and 2nd Respondents, their agents, employees or anybody else acting on their behalf from selling, transferring, auctioning, disposing of or otherwise interfering with Plot No 163/1 Komarock Bridge Jua Kali pending the hearing and determination of the appeal, on condition that the Appellant deposits Kshs.300,000 as security for costs in court within 45 days, failing which the orders of stay shall lapse
- 2.The costs of the application to abide the outcome of the appeal
- On appeal from
- Subordinate court (not named)
- null
- Jurisdiction invoked
- Article 159(2)(d) of the Constitution; sections 1A, 1B, 3A and 63(c) of the Civil Procedure Act; Order 42 rule 6 and Order 22 rule 22 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "William Kagotho Gachuri v Julius Kanyuku Wanjau & 2 others [2021] KEELC 105 (KLR)", Case Analysis (2021). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/105/eng@2021-12-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.