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Karolyne Mwatha Mburu, Margaret Wairimu Muchau & Simon Mbugua (Officials of Loresho South Residents' Association) v. Athi Water Services Board & Water Resources Authority

(2019) JELR 100224 (CA)

Court of Appeal  •  Civil Application 99 of 2019  •  22 Nov 2019  •  Kenya

Coram
Wanjiru Karanja, Hannah Magondi Okwengu, Kathurima M'inoti

Judgement

RULING OF THE COURT

On 13th March 2019 the Environment and Land Court at Nairobi (Eboso, J.) dismissed with costs an application for an injunction by the applicants, suing as officials of a society known as Loresho South Residents’ Association (the Association). The applicants were aggrieved and after lodging a notice of appeal, filed the motion on notice now before us in which they seek, pending the hearing and determination of their intended appeal, an order of injunction to restrain the respondents from trespassing or interfering with some 22 properties comprised in Title Numbers Nairobi/Block 90/560 and Nairobi/Block 90/2 consecutively to Nairobi/Block 90/22 (the suit property) situate in Loresho South Estate. They also seek an order of stay of further proceedings in the Environment and Land Court.

The background to the application is that on 3rd July 2018, the applicants applied for injunction to restrain the respondents from trespassing, entering or interfering with the suit prope…

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