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Kenline Agencies Ltd v. Housing Finance Company of Kenya & John Githua Njogu

(2007) JELR 100187 (CA)

Court of Appeal  •  Civil Appli 83 of 2007 (UR. 55/2007)  •  8 Jun 2007  •  Kenya

Coram
Emmanuel Okello O'Kubasu, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

The applicant KENLINE AGENCIES (company) seeks orders under Rules 5 (2) (b); 1 (2) and 42 of the Court of Appeal Rules and Section 64 of the Registration of Titles Act:

“(1) That an urgent injunction do issue forthwith restraining the respondents, their servants, agents or employees from entering into or remaining into or in any way dealing with or interfering with the plaintiff’s possession of all that parcel of land known as L.R. No. 209/11475 and all buildings or improvements erected thereon pending the hearing and determination of the applicant’s intended appeal.

(2) That there be a stay of execution of the orders given by the High Court on 23rd March 2007.

(3) That a prohibitory order further do issue restraining the respondents or any of them from registering any other or further documents against the certificate of title register at Nairobi Land Registry as L.R. 17003 till further orders of the court”.

The applicant intends to appeal against the ruling and order …

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