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Daniel Lomagul Kandei, Raphael Lekilwai & Leimbian Lasangurukuri v. Kamanga Holdings Limited & 40 others

(2017) JELR 102916 (CA)

Court of Appeal  •  Civil Application 9 of 2017(UR 7/17)  •  10 May 2017  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

On 27th January, 2017 the applicants DANIEL LOMAGUL KANDEI, RAPHAEL LEKILWAI and LEIMBIAN LASANGURUKURI filed a Notice of Motion dated 26th January, 2017. The Motion was made pursuant to Rule 5(2) (b) of this Courts Rules. The applicants sought the following orders, inter alia,

(b) THAT this honourable court be pleased to grant stay of execution of orders of the honourable Judge L. Waithaka delivered on 18th January, 2017 pending the hearing and determination of the appeal herein.

(c) THAT this honourable court be pleased to grant to the appellants, conservatory orders of injunction directed against the respondents in this appeal in the following terms:-

i. THAT this court do issue prohibitory orders to be registered against all the titles in Waso East adjudication sections, to wit all the 43 title resulting from the sub-division of Losesia Group Ranch land namely titles numbers Samburu/East Waso/1 to 43; prohibiting any further registrations or dealings in the said ti…

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