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Kenya Pipeline Company Limited v. Stanley Munga Githunguri

(2011) JELR 99999 (CA)

Court of Appeal  •  Civil Application 300 of 2010  •  18 Mar 2011  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Philip Nyamu Waki, Joseph Gregory Nyamu

Judgement

RULING OF THE COURT

This is an application based on Rule 5(2)(b) of the Court’s Rules. The application seeks one substantive order in the following terms:-

“That an order of stay of execution be issued staying the ruling and order made in Nairobi High Court ELC No.395 of 2010 by Hon Lady Justice H.M. Okwengu pending the hearing and determination of the intended appeal as against the said ruling.”

The facts leading to the grant of the challenged order is that the respondent filed suit in the superior court and at the same time filed an application seeking an injunction against the applicant restraining the applicant, its employees, agents and contractors from excavating, digging or laying any new pipes or pipeline pending the hearing and determination of the suit. The injunction was granted on the basis that the applicant had no fresh easement over the respondent’s property LR12389 at Karen which would enable it to lay a second pipeline. The bone of contention between the two parties is …

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