TERESIA KIMANI vs GITHERE INVESTMENTS LIMITED [2004] KEHC 2222 (KLR)

IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPEAL NO 944 OF 2003 TERESIA KIMANI ……………………………………….. APPELLANT VERSUS GITHERE INVESTMENTS LIMITED …………….…. RESPONDENT RULING

This is a Chamber Summons application brought under Order 39 of the Civil Procedure Rules and Section 3 A of the Civil Procedure Act for the following two main orders.

1. for maintenance of status quo until the appeal is heard and determined; and 2. for grant of temporary injunction from eviction …

This application is incompetently before this court. If this is an application under Order 39 of the Civil Procedure Rules for a restraining order, there must be a suit filed before an application of this nature can be entertained by a court. There is no suit in existence, hence the application is incompetent.

If there is an application for “stay” under Order 41 Rule 4 it ought to seek orders of “stay” and comply with the conditions laid down in Order 41 Rule 4. It does not do so.

This application is, therefore, incompetently before this court, and is struck out with costs to the Respondent.

Dated and delivered at Nairobi this 21st day of April, 2004.

ALNASHIR VISRAM

JUDGE