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Josephat Mulwa Mukima alias Josphat Mulwa Mukima v. Jesse Ng'ang'a Gakobo, Christopher Muturi Kuria, Henry Kuria Kinuthia, Pius Matingi, Mbathi Mutisya, Anah Kaluki Kithyoi, Christopher Mbatha Muia, Afya Investment Co-oOperative Society Limited, Winnie Muthoni Maru, Tabitha Mugure Njoroge & Rosemary Njambi Ngugi (Being trustees of Mwithige Self Help Group, Hazina Housing Co-operative Society Limited, Sawa Savings and Credit Co-operative Society Limited & Land Registrar, Machakos

(2020) JELR 100560 (CA)

Court of Appeal  •  Civil Application 118 of 2020  •  6 Nov 2020  •  Kenya

Coram
Daniel Kiio Musinga, Fatuma sichale, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

1. UPON perusing the Notice of Motion dated 11th May 2020 brought under sections 3A, 3B and 77 of the Appellate Jurisdiction Act and rule 5(2) (b) of the Court of Appeal Rules, where the applicant is seeking an order of injunction to restrain the respondents by themselves or their agents from entering, occupying, sub-dividing, placing new beacons, advertising for sale, selling or leasing a parcel of land known as Title No. Donyosabuk/Komarock Block 1/373 (Original) and the transfers thereof registered as Title No. Donyosabuk/Komarock Block 1/43342, 43343, 43344,43345,43346,43347,43348,43340,1059466,6018 0,60317,1700095,59614,67555,67696 (the suit properties) pending hearing and determination of an intended appeal from the judgment of Angote. J. delivered on 24th April 2020 and ruling delivered on 1st November 2019 and also an order to be exempted from serving the notice of appeal and the record of appeal upon the 2nd, 3rd, 9th and 12th respondents; and,

2. UPON perus…

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