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Company For Habitat And Housing In Africa (Shelter Afrique) v. Sunset Paradise APA

(2020) JELR 103090 (CA)

Court of Appeal  •  Civil Application 34 of 2020  •  3 Apr 2020  •  Kenya

Coram
Agnes Kalekye Murgor

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: MURGOR, J.A.

CIVIL APPLICATION NO. 34 OF 2020

BETWEEN

COMPANY FOR HABITAT AND HOUSING

IN AFRICA (SHELTER AFRIQUE).......................APPLICANT

AND

SUNSET PARADISE APA...................................RESPONDENT

(Being an application for injunction pending the hearing and determination of an appeal against the Ruling of the High Court of Kenya in Mombasa (P.J. Otieno, J) delivered on 23rd January 2020 in

HCCC No. 198 of 2018)

RULING

On the 13th February 2020, I declined to certify this matter as urgent for reasons that no urgent circumstances were presented to this Court to warrant the issuance of a certificate of urgency.

The certificate of urgency was filed by the applicant, Company For Habitat And Housing In Africa (Shelter Afrique) in support of a Notice of Motion dated 12th February 2020 seeking an injunction to restrain the respondent, Sunset Paradise Apa from proceeding with the warrants of attachment of moveable property in execution of the decre…

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