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Kenya Hotel Properties Limited v. Willisden Investments Limited & 6 others

(2013) JELR 100049 (CA)

Court of Appeal  •  Civil Application 24 of 2012  •  4 Apr 2013  •  Kenya

Coram
Martha Karambu Koome, Roselyn Naliaka Nambuye, James Otieno Odek

Judgement

RULING OF THE COURT

1. Kenya Hotel Properties Limited (applicant) moved this Court once again seeking inter alia an order of injunction to restrain the 1st respondent (Willesden Investment Limited) from executing the decree in Milimani H.C.C.C. No. 367 of 2000, a stay of any proceedings, by way of execution in Milimani H.C.C.C. No. 24 of 2008 until the hearing and determination of the appeal or petition No. 13 of 2011 between the applicant the Attorney General and others.

2. This application is brought under the provisions of Rule 5(2) (b) of the Court of Appeal Rules. It is supported by the affidavit of Marion Ndegwa Jordan sworn on 31st January, 2012, the grounds stated on the body of the application and the numerous documents annexed thereto. The application was opposed by the 1st respondent vide the replying affidavit sworn by Ben Muli on 20th March 2012. Although the other participating parties did not file replies to the application, during the hearing they addressed the Court on …

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