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Christopher Kioi & Nancy Wambui Waweru (suing on behalf of the estate of Mwangi Kioi (Deceased) v. Winnie Mukolwe, Julia Kirira & Hope Mutua (Sued as the administrators of the estate of David Nyambu Jonathan Kituri (deceased) & Lucy Wanjiru Muchai t/a Bellavinn Investments

(2017) JELR 103195 (CA)

Court of Appeal  •  Civil Application Nai. 15 of 2017 (UR 11/2017)  •  31 Mar 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Jamila Mohammed, Fatuma sichale

Judgement

RULING OF THE COURT

1. In an application anchored under Rule 5 (2) (b) of the Court of Appeal Rules (the Rules), the court’s main concern was succinctly put by Githinji, J.A in Equity Bank Limited -vs- West Link Mbo Limited [2013] eKLR thus,

“It is clear that rule 5(2)(b) is a procedural innovation designed to empower the Court entertain an interlocutory application for preservation of the subject matter of the appeal in order to ensure the just and effective determination of appeals.” Emphasis added.

2. We are faced with such an application wherein the applicants seek inter alia,

An order of injunction be issued restraining the respondents, their agents, servants and/or employees from alienating, disposing off or in any other manner whatsoever dealing with the title in the property known as L.R No. 10090/24 located in Juja (herein after referred as to as the suit property) or interfering with the applicants possession of the suit property pending the hearing and determination of the inte…

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