Coming up for ruling on: Tuesday 26th November 2024
Lodged on: 03rd November 2022
Article: 39 of the Treaty for the Establishment of the East African Community
Rule: 4 and 84 of the East African Court of Justice Rules of Procedure 2019.
Subject Matter: Interim mandatory injunction
The Application is based on grounds that the Applicant’s case is triable and has high chances of success; that unless the Applicant is granted the orders that he is seeking his clients are likely to suffer irreparable loses, damages, humiliation, harassment and harm before the said Reference is heard and determined on merits by the Court.
The Applicant seeks orders that, pending the hearing and determination of his Reference No. 55 of 2022, interim mandatory injunction orders be issued forthwith restraining the Court of Appeal at Nairobi from sitting in Civil Appeal No. 174 of 2017, and the High Court of Kenya in Nairobi from taxing the Respondents/Defendants Costs in Mlimani HCCC NO. 599 of 2010 and enforcing the same against the Applicant herein as was ordered by the Court of Appeal at Nairobi in Civil Appeal at Nairobi in Civil Appeal in 174 of 2017.
The Applicant also seeks an order that pending the hearing and determination of the applicants Reference No. 55 of 2022, the Defendants in Nairobi HCCC NO. 599 of 2010 be restrained from evicting the Applicant herein from the business premises situated in LR NO. 209/6545 within the central business district of Nairobi.
The Respondent raised a preliminary objection, arguing that the East African Court of Justice lacks jurisdiction over the matter. They assert that the Court cannot reopen, review, or quash the decisions of the national courts of Kenya.
The application was heard in open court on 20th September 2024 and the Court will deliver its ruling on 26th November 2024.
This is a document produced by the Registry to assist in understanding forthcoming matters before the Court. It does not bind the Court. For authoritative Decisions, Judgments and general information about the Court please visit https://www.eacj.org Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org