EUSTACE KAGAU KANGERWE V. WIYATHI EMBU SERVICES STATION (K) LTD & AGIP (KENYA) LIMITED

JUDGMENT OF THE COURT

The litigation giving rise to this appeal commenced in the Senior Principal Magistrate's court at Embu on 22nd February, 1996. The suit at Embu was Civil Suit number 48 of 1996. For ease of reference we will refer to the appellant before us as Mr. Kangerwe, the respondent, as Wiyathi and the interested party as Agip.

In the suit filed in Embu Wiyathi sought the following reliefs (inter alia):

1.That an injunction do issue restraining Agip from terminating the operators agreement between Wiyathi and Mr. Kangerwe and further that it be restrained from removing the equipments and or demolishing the buildings on plot No. 331/1112 Embu Municipality until further orders of the court.

2.That an injunction do issue restraining Mr. Kangerwe from leasing plot No. 331/1112 Embu Municipality to any other oil company apart from Agip and further be restrained (sic) from entering into an operators license agreement with either Agip or any other oil company without the approval and …