REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: TUNOI, SHAH and LAKHA, JJ.A.)
CIVIL APPEAL NO. 160 OF 1995
BETWEEN
M/S GUSII MWALIMU INVESTMENT CO. LTD
M/S NICO AUCTIONEERS LTD................................APPELLANTS
M/S NAKURU COMPUTERS LTD.........................INTERESTED PARTY
AND
M/S MWALIMU HOTEL KISII LTD..........................RESPONDENT
Being an appeal from a ruling of the High Court of Kenya
at
Kisii (Mbaluto, J.) dated 14th August, 1995
in
H.C.C.C. NO. 260 OF 1995)
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JUDGMENT OF TUNOI, J.A.
This appeal is from the ruling of the High Court of Kenya sitting at Kisii (Mbaluto, J.) delivered on the 11th August, 1995. In the said ruling, the Court allowed an application by the respondent for an order of interim injunction restraining the appellants from interfering with the respondent's quiet possession and enjoyment of those leasehold premises situate on Kisii Town/Block III/214 (the suit premises) until the final determination of the suit. The Court fu…