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George Gikubu Mbuthia, Leah Wanjiru Mbuthia, Peter Mbuthia Njuguna & Palace Investment Ltd v

(2015) JELR 105370 (CA)

Court of Appeal  •  Civil Appeal 32 of 1997  •  2 Oct 2015  •  Kenya

Martha Karambu Koome, Hannah Magondi Okwengu, Festus Azangalala



This is an appeal by the 1st defendant in the High Court, George Gikubu Mbuthia, (“the appellant”) against an order made by Mbogholi J, on 16th January, 1997 by which order, the learned Judge dismissed the appellant’s application dated 10th December, 1996 seeking, inter alia, an interlocutory injunction restraining the respondents, then the 1st and 2nd plaintiffs, respectively, from selling or disposing off of the appellant’s property known as LR No. 36/11/1 Nairobi (hereinafter “the suit property”) which sale had been scheduled for 13th December, 1996. The appellant had also sought the striking out of the respondents’ suit for being scandalous, vexatious, frivolous or otherwise an abuse of the process of the court; and for setting aside proceedings and orders made on 25th November, 1996. The latter relief must be related to proceedings and orders which were made on 15th October, 1996 as those are the proceedings and orders which were in respect of the appellant’s…

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