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Kanwal Sarjit Singh Dhiman v. Keshavji Jivraj Shah

(2008) JELR 100256 (CA)

Court of Appeal  •  Civil Appli 320 of 2006  •  4 Jul 2008  •  Kenya

Coram
Philip Nyamu Waki, Joyce Adhiambo Aluoch, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

This is an application under Rule 5 (2) (b) of the Court of Appeal Rules for two orders, firstly, an order of injunction to restrain the respondent, his agents or servants from evicting, alienating or interfering with the applicant’s peaceful possession of L.R. No. 209/8192/8 Lavington pending the determination of the intended appeal and, secondly, an order that the order made by the superior court on 18th December, 2006 be stayed pending the determination of the intended appeal.

The applicant is aggrieved by the decision of the superior court (Kasango J) dated 18th December, 2006 whereby the superior court dismissed the application to set aside the judgment of the superior court dated 16th September, 1999 given in favour of the respondent herein against the applicant.

On 17th December, 1996, the respondent and the applicant entered into an agreement whereby the respondent agreed to lend Shs.13,000,000/= to the applicant in three instalments, thus:

(a) Shs.2,500,000 on…

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