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Alice Kerubo Nyambati v. Ochoki Mogaka & David Omwoyo T/A Omwoyo Auctioneers

(2010) JELR 105533 (CA)

Court of Appeal  •  Civil Application 9 of 2010  •  23 Apr 2010  •  Kenya

Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya, Alnashir Ramazanali Magan Visram



This is an application under rule 5 (2) (b) of the Court of Appeal Rules (“the Rules”) for an injunction to restrain the respondents from selling or disposing off the property known as Kisii Municipality/Block 111/141 (“the suit property”).

The facts giving rise to this application are as follows: Achoki Mogaka, the 1st respondent herein, is the decree holder in Kitale H. C. C. C. No. 49 of 1997 pursuant to a Judgment delivered on 29th October, 2002. The 1st respondent instructed the 2nd respondent to execute the decree against the applicant’s suit property located in Kisii. The applicant filed a suit in the superior court in Kisii, being H. C. C. No. 263 of 2009 to forestall the execution, and sought an interim injunction to restrain the disposition of the suit property. The superior court (Musinga, J) granted an ex-parte interim injunction on 7th December, 2009, and directed that the matter be heard inter-partes on 16th December, 2009. On that day, the court was un…

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