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FELIX NYAUCHI v. THE NAIROBI CITY COUNCIL,THE COMMISSIONER OF LANDS & STARDUST INVESTMENT LIMITED

(1995) JELR 104905 (CA)

Court of Appeal  •  civil miscellaneous application 262 of 1994  •  7 Jul 1995  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Akilano Molade Akiwumi, Philip Kiptoo Tunoi

Judgement

RULING OF THE COURT

The application by way of notice of motion sought from this court an order of stay against the orders made by Bosire, J. on the 14th December, 1994, by which order the learned judge had dismissed the suits filed by the applicants. We are also asked to grant an injunction pending the hearing of the appeal. When this matter first came before us on the 23rd December, 1994, we made temporary orders on the terms sought.

Stardust Investments Limited, through one of its directors, has written a letter to the court and in that letter it indicates that it is no longer interested in the matter. It is not represented before us to-day. We take its letter to mean that it no longer opposes the application, and that being our view, we allow this application in the terms prayed in paragraph two of the notice of motion. We award the costs of the application to the applicants and to the City Council of Nairobi, such costs to be paid by Stardust Investments Ltd. We so order.

Dated and d…

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