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Kenya Pipeline Company Limited v. Stanley Munga Githunguri

(2015) JELR 99998 (CA)

Court of Appeal  •  Civil Appeal 46 of 2011  •  25 Sep 2015  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, George Benedict Maina Kariuki, Philomena Mbete Mwilu

Judgement

JUDGMENT OF THE COURT

1. This is an interlocutory appeal from the ruling and order of the High Court of Kenya at Nairobi dated 10th December 2010 delivered by the Honourable Lady Justice H. Okwengu (as she then was). By the said ruling and following an interlocutory application by the respondent, the learned judge granted leave to the respondent to erect a fence and a gate for entry and exit into the easement area, avail keys to the appellant for access to the premises and upon the applicant erecting the gate and fence the appellant be restrained from removing or destroying the gate and fence pending hearing and determination of the suit. The judge also issued an injunction restraining the appellant from excavating digging or laying any new pipes pending the hearing and determination of the suit.

2. Aggrieved by the ruling, the appellant lodged a notice of appeal on the very same day the order was issued on 16th December 2010 and followed it up by filing this appeal on 8th March 2011. T…

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