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Khairunnisa Mohamedali Harunani & Adulshakur Harunani v. Niranjan Zaverchand Shah Shushila, Niranjan Shah Pradeep Bhangwanji & Shah Sunanda Pradeed

(2016) JELR 99866 (CA)

Court of Appeal  •  Civil Application 296 of 2015 (UR 253/15)  •  7 Oct 2016  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Philomena Mbete Mwilu, Jamila Mohammed

Judgement

RULING OF THE COURT

1. Before us is a notice of motion application brought pursuant to Rule 5 (2) (b) and 41 of the Court of Appeal Rules (the Rules) wherein the applicants seek inter alia;

(i) An order of injunction restraining the respondents whether by themselves or through their agents/servants/employees or any other person claiming through or under them from wasting, damaging, charging, encumbering, alienating, selling, removing, transferring, conveying or disposing of the property known as L.R No. 1870/II/305 along Kabete Lane within Nairobi and all the buildings erected thereon and particularly those standing on a portion of the said property and described as covering the area measuring 5.2m by 13.4m by 11.45m and by 5.53m and as shown on the surveyor’s map of June, 2014 pending the hearing and determination of the intended appeal.

2. The genesis of the said application is that the applicants were the registered proprietors of all that parcel described as L.R. No. 1870/II/129 whi…

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