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Joseph Mburu Gitau, Felsista Wariara Nduku, Isaac Mburu Njuguna, Keziah Wanja Njuguna, Ceceliah Wanjiru Gichuru, Geofrey Minhanji Ajaimbo, Flacia Njoki Muiruri, Christian Munjanji Ajaimbo, Mary Wambui Kairai, Fridah Khavere Ambani, Joseph Giatau & 626 others v. Commissioner of Police, Commissioner of Lands & Attorney Genera

(2020) JELR 100653 (CA)

Court of Appeal  •  Civil Application 113 of 2010  •  10 Jul 2020  •  Kenya

Coram
Martha Karambu Koome, Daniel Kiio Musinga, Fatuma sichale

Judgement

RULING OF THE COURT

Before us is a Notice of Motion filed by the applicants under certificate of urgency on 8th May, 2020. It is seeking an injunction and restraining orders against the respondents, from leasing, selling, transferring, or in any way alienating subject property known as LR No. 209/14582 (Original LR No 209/106110) to China Bridge Corporation Ltd, or any other party during the pendency of the appeal which is scheduled for the 10th July, 2010. The application is supported by the affidavit of Ceciliah Wanjiru Gichuru and Fridah Khavere Ambani. Both deponents make several allegations but key among them is that the respondents are in the process of, or have already leased, or transferred the said land to China Bridge Corporation Ltd so as to defeat the cause of justice as the matter is pending determination by this Court on 10th July, 2010 in Civil Appeal No 179 of 2019.

The application is opposed by the 1st to the 3rd respondents vide a replying affidavit sworn by Chief Insp…

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