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Benjamin Aburuki v. Samuel Kilingo

(2007) JELR 105759 (CA)

Court of Appeal  •  Civil Appli 161 OF 2007 (UR 104/2007)  •  2 Nov 2007  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, William Shirley Deverell



By a chamber summons dated 2nd May, 2007 and lodged in the High Court within Civil Case No. 31 of 2007, Benjamin Aburuki, the applicant before us, asked Ouko, J for an order that:-

“This Honourable Court be pleased to issue an order of injunction restraining the Defendant, his servants, agents or members of his family from entering, trespassing, interfering or in any way remaining on land parcel No. 3425 Ankamia pending the hearing of this suit.”

Ouko, J heard that application and by his ruling dated and delivered at Meru on 24th May, 2007, the learned Judge concluded that the applicant had not shown to him a prima facie case with a probability of success. He therefore dismissed the summons with costs. The applicant now comes before us under Rule 5 (2) (b) of the Court’s Rules and he asks us for two prayers, namely,

“1. That there be a stay of the Orders/Ruling of Meru High Court Case No. 31 of 2007 delivered on 24th May, 2007 pending the hearing and determination of t…

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