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High Preference Properties Limited & Flexitank Systems Kenya Limited v. Stephen Maina Muturi

(2015) JELR 105365 (CA)

Court of Appeal  •  Civil Application 91 of 2015  •  25 Sep 2015  •  Kenya

Paul Kihara Kariuki, Festus Azangalala, Philomena Mbete Mwilu



The application before us was filed by M/s High Preference Properties Limited and M/s Flexitank Systems Kenya Limited (hereinafter “the applicants”) under Sections 3, 3A and 3B of the Appellate Jurisdiction Act, Cap 9 of the Laws of Kenya, Rule 5 (2)(b) of this Court’s Rules and all other enabling provisions of the Law, seeking an order of injunction restraining Stephen Maina Muturi (hereinafter “the respondent”) from terminating their leases or evicting them from LR No. 209/1820, River Road Nairobi (hereinafter “the demised premises”) or interfering with their quiet and peaceful enjoyment of the premises pending the hearing and determination of an intended appeal from the order of the lower Court in ELC Case No. 20 of 2015 dated 13th March, 2015.

The order referred to was made by Hon. Mary M. Gitumbi J., on an application for orders of temporary injunction restraining the respondent, who was the defendant in that court, from terminating the applicants’ lease agreeme…

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