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Company for Habitat and Housing in Africa (Shelter Afrique) v. Sunset Paradise Apartments Limited

(2020) JELR 103089 (CA)

Court of Appeal  •  Civil Application 34 of 2020  •  20 Nov 2020  •  Kenya

Coram
Wanjiru Karanja, Patrick Omwenga Kiage, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

1. Company for Habitat and Housing in Africa (Shelter Afrique) (applicant,) initially sought 5 orders from this Court vide its Notice of Motion dated 12th February, 2020. In the main, the prayer sought was an injunction restraining the respondent from proceeding with the warrants of attachment of movable property in execution of the decree in Mombasa Chief Magistrate’s Court Cause No. 1424 of 2017 pending the hearing and determination of its appeal. This was occasioned by dismissal of its application for injunction before the High Court (P. J. Otieno) on 23rd January, 2020.

2. Unfortunately for the applicant, by the time this application came up for hearing, circumstances had changed and the said prayers had already been overtaken by events and so in written submissions filed by Namachanja and Mbugua Advocates for the applicant, counsel explained that all the other prayers had been overtaken by events, but rather than withdraw the application, counsel submitted that …

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