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Joseph Muchina Kamau v. National Housing Corporation Limited

(1996) JELR 100648 (CA)

Court of Appeal  •  Civil Appeal 171 of 1994  •  12 Nov 1996  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire

Judgement

JUDGMENT OF THE COURT

This is an appeal from the ruling of the High Court of Kenya at Nairobi (Pall, J. as he then was) delivered on the 1st September, 1994. In the ruling, the learned judge declined to grant an interim injunction sought by the appellant to restrain the respondent from evicting or removing him or in any way interfering with his quiet occupation of the premises known as Nairobi/Block 72/2002 (hereinafter referred as “the suit premises”) until final disposal of the suit.

The averments in the plaint dated 13th May, 1994 and in the affidavit in support of the application for the interim injunction were to the effect that on or about 26th November, 1991 the appellant entered into a sale agreement with the respondent for the purchase by the appellant of the suit premises. He paid the requisite deposit and the balance was to be paid in agreed monthly instalments. Upon payment of the deposit the appellant went into occupation but it transpired that the suit premises needed repl…

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