Abdalla v Kadenge & 3 others (Environment & Land Case 203 of 2014) [2022] KEELC 2421 (KLR)
The bottom line
#A Kenyan court cannot grant an injunction to protect your appeal after it has ruled against you; you must go directly to the Court of Appeal.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction under Order 42 Rule 6(6) to grant an injunction pending appeal
The court lacks jurisdiction because the suit was heard and determined in the same court; the applicant must move the Court of Appeal
Order 42 Rule 6(6) authorises temporary injunctions only where the High Court exercises appellate jurisdiction over an appeal from a subordinate court or tribunal. The matter was heard and determined in the ELC itself, so the operative phrases 'exercise of its appellate jurisdiction' and 'an appeal from a subordinate court' exclude the applicant. The proper forum for interim relief pending the intended appeal is the Court of Appeal under Rule 5(2)(b).
Legal principles established
#- Order 42 Rule 6(6) empowers a court to grant a temporary injunction only in exercise of its appellate jurisdiction over an appeal from a subordinate court or tribunal; a court that has already determined the suit first instance has no jurisdiction to grant an injunction pending appeal to the next appellate court.
Court orders
#- 1.The application dated August 18, 2021 is dismissed
- 2.Costs of the application to the defendants
- Jurisdiction invoked
- Order 42 Rule 6(6) of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Abdalla v Kadenge & 3 others (Environment & Land Case 203 of 2014) [2022] KEELC 2421 (KLR)", Case Analysis (2022). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2421/eng@2022-05-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.