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Kamlesh Mansukhlal Damji Pattni v. Lake Baringo Lodge Limited, Gitari T. Njeu & Kenya Hotels Limited

(2010) JELR 100268 (CA)

Court of Appeal  •  Civil Application 336 & 337 of 2008  •  25 Mar 2010  •  Kenya

Coram
Daniel Kennedy Sultani Aganyanya, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

In Civil Application No. Nai. 336 of 2008, the applicant sought orders under Rule 5(2) (b) of the Court of Appeal Rules for stay of execution of the order of the superior court (Lesiit, J) given on 29th September, 2008 and further, a stay of proceedings of H.C.C.C. No. 570 of 2008 pending the hearing and determination of the intended appeal against the order. The respondent Lake Baringo Lodge on 29th September, 2009 filed H.C.C.C. No. 570 of 2008 seeking various reliefs including a mandatory injunction compelling the removal of Gitari, J. Njeu the defendant in the suit as a Receiver of the respondent.

The respondent contemporarily filed a notice of motion seeking, inter alia, an interlocutory mandatory injunction compelling the removal of Gitari J. Njeu as a receiver for Lake Baringo Lodge. The application was placed before Lesiit, J. on the same day and the interlocutory mandatory injunction was granted exparte pending the hearing of the application inter partes on …

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