judy.legal
Login Register

EVANSON K. NJOROGE & DR. KAMENWA NJENGA v. KEBIRIGO GENERAL STORES LIMITED

(1997) JELR 104919 (CA)

Court of Appeal  •  civil appl no. nai. 318 of 96  •  10 Mar 1997  •  Kenya

Coram
Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Abdulrasul Ahmed Lakha

Judgement

RULING OF THE COURT

:Applications Nos. 318 and 319 both of 1996 have been consolidated and have been argued together. The two applications are seeking stay of the order of the superior court granting an injunction restraining the applicants from trespassing upon the respondent's property L.R. 209/12222 to which it has title. Apart from some letters of allocation from the City Commission the applicants have no other claim to the said property. Upon this, we do not consider that they have an arguable appeal to this Court against the order of the superior which they now seek to have stayed under rule 5 2(b) of the Rules of this Court pending hearing and disposal of their intended appeal. In the result, we think that the two consolidated applications are unmeritorious and the same are dismissed with costs to the respondent.

Dated and delivered at Nairobi this 10th day of March, 1997.

J.E. GICHERU

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

JUDGE OF APPEAL

R.S.C. OMOLO

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

JUDGE OF APPEAL

A.A. LAKHA

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

JU…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login