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Jopa Villas LLC v. Overseas Private Investment Corporation, Harveen Gadhoke & Daniel Mutisya Ndonye

(2010) JELR 100749 (CA)

Court of Appeal  •  Civil Application 147 & 99 of 2009  •  19 Nov 2010  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

The applicant, JOPA VILLAS LLC, brings this application under Rule 5(2)(b) of the Court of Appeal Rules seeking the orders:-

1. THAT pending the hearing and final determination of the intended appeal against the ruling and order of the High Court at Machakos made on the 20th May, 2009 in High Court Civil Case No. 215 of 2009 Machakos (Hon. Justice Isaac Lenaola) an injunction do issue directed to the Respondents whether by themselves, their agents or advocates or auctioneers or any of them or otherwise be restrained by a temporary order of injunction from doing the following acts or any of them, that is to say, from interfering with the applicant’s right of possession, advertising for sale, disposing of, selling by public auction or otherwise however at any other time or completing any conveyance or transfer of any sale concluded by auction or private treaty, leasing, letting to and or interest in all that parcel of land known as L.R. No. 27253/42 situated in Mavoko …

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