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Josephat Gacheru Rugiri v. Amos Kibata Githeko & Loise Gachiku Kinuthia

(2018) JELR 100568 (CA)

Court of Appeal  •  Civil Application 50 of 2018  •  8 Jun 2018  •  Kenya

Coram
Roselyn Naliaka Nambuye, William Ouko, Fatuma sichale

Judgement

RULING OF THE COURT

The Applicant Josephat Gacheru Rugiri (the Applicant) comes before us by way of a Notice of Motion filed against the Respondent, Amos Kibata Githeko and Loise Gachiku Kinuthia (the Respondents). It is expressed to be brought under Rule 5 (2) (b) and Rule 47 of the Court of Appeal Rules, for the following orders:

“ 1. Spent

2. THAT the Honourable Court be pleased to stay the execution of the order of the Environment and Land Court before Hon. Lady Justice Gacheru, issued on the 16th February,2018 and or the order of, the Subordinate Court in Milimani CMCC No. 6798 of 2016 issued on 21st October, 2016 pending the hearing and determination of the appeal filed against the said order;

3. THAT the Honourable Court be pleased to issue an injunction directed against the 1st and 2nd Respondents whether by themselves or through any of their agents, restraining, each or all of them, from trespassing, entering, selling, charging, disposing of, dealing with, and or interfering with…

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