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Patrick Githinji Mwangi v. Abdirahman S. Mohamed t/a Towhid Shopping Complex

(2015) JELR 96394 (CA)

Court of Appeal  •  Civil Application Nai 175 of 2015 (UR 141/2015)  •  30 Oct 2015  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Philomena Mbete Mwilu, Sankale ole Kantai

Judgement

RULING OF THE COURT

This is an application under rule 5(2)(b) of the rules of this court and sections 3A and 3B of the Appellate Jurisdiction Act, Chapter 9 of the laws of Kenya taken out by PATRICK GITHINJI MWANGI, (hereinafter referred to as the applicant). The applicant seeks to stay the ruling and order of Justice Mabeya transferring Nairobi CMCC No.2779 of 2014 to the civil division of the High Court on the grounds both on the face of the application and the supporting affidavit by the applicant. In essence, the applicant contends that he has an arguable appeal that would be rendered nugatory if the application is not allowed.

The brief facts as they relate to the application are as follows – Abdirahman S. Mohamed t/a Townhid Shopping Complex, the respondent herein, filed a suit against the applicant before the Chief Magistrate’s Court at Milimani in Nairobi seeking, inter alia, the following prayers:-

“a) permanent injunction to restrain the defendant...from harassing and demanding…

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