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Council for Human Ecology v. Jimmy Mutinda

(1997) JELR 103065 (CA)

Court of Appeal  •  Civil Application 251 of 1997  •  30 Sep 1997  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha

Judgement

RULING OF THE COURT

This is an application for injunction seeking to restrain the respondent his servants and/or agents from damaging any of its property Title No. MAKUENI/MASONGALENI/177 (Known as the Plot No. 290 Masongaleni Settlement and restraining from entering into the said property pending the determination for the intended appeal.

Having heard counsel of both the parties, we are satisfied that the intended appeal is not frivolous as conceded by Mr. Sitima that unless the injunction is granted the intended appeal will be rendered nugatory.

In the result, the application for injunction is granted as prayed with costs of the application to abide the appeal.

Dated and delivered at Nairobi this 30th day of September, 1997.

R.S.C. OMOLO

............................

JUDGE OF APPEAL

P.K. TUNOI

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JUDGE OF APPEAL

A.A. LAKHA

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JUDGE OF APPEAL

I certify that this is a

true copy of the original.

DEPUTY REGISTRAR

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