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Diamond Trust Bank Kenya Limited v. Martin Ngombo, Makanga Mitingi, Kalume Ali, Katana Ali, Katana Kahiva, Katana Msuko, Sulubu Mitingi, Shida Tune & Leonard Murumba

(2006) JELR 102726 (CA)

Court of Appeal  •  Civil Appli 103 of 2006  •  26 May 2006  •  Kenya

Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji



This application for an order of interim injunction pending the determination of an intended appeal is made under Rule 5 (2) (b) of the Rules of this Court.

The applicant’s case as pleaded in the plaint and as stated in the affidavit in support of the application, is in essence that it is the registered owner of all that property known as Portion NO. 575 situate West of Mambrui Town, Kilifi District (hereinafter referred to as “the suit property”). The applicant wants to develop the suit property but it is unable to do so because the respondents have continued to issue threats to the applicant’s servants and independent contractors and have in the process completely frustrated the applicant’s right of quiet possession or user over the suit property. Again, it is pleaded that the respondents have indeed occupied parts of the suit property. The applicant has prayed for a mandatory injunction to compel the respondents to deliver up to it parts of the suit property which…

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