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Kenya Power & Lighting Co Ltd v. Rest Villa Limited, City Council of Nairobi, Chief Land Registrar, Commissioner of Lands & Attorney General

(2020) JELR 99966 (CA)

Court of Appeal  •  Civil Appeal 69 of 2016  •  3 Apr 2020  •  Kenya

Coram
Martha Karambu Koome, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

This is an interlocutory appeal filed by Kenya Power and Lighting Company Limited (the appellant) against the ruling of Gacheru, J dated 12th February, 2016 wherein the learned judge issued injunctive orders in favour of Rest Villa Limited (the 1st respondent), pursuant to an application dated 11th April, 2013, filed by the 1st respondent (the then plaintiff). In the motion the subject of this appeal, the appellant, City Council of Nairobi, the Chief Land Registrar, the Commissioner of Lands and the Honourable Attorney General were named as the 1st, 2nd, 3rd, 4th and 5th respondents respectively. The 1st respondent sought the following orders:

“(i) That pending the hearing and determination of this suit, the court be pleased to issue a temporary injunction to restrain the 1st defendant/respondent whether by itself, its agents, servants, employees, assigns and contractors from alienating, disposing, charging, selling, wasting, constructing, trespassing and or interf…

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