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Khalid Salim Abdulsheikh v. Swaleh Omar Said

(2019) JELR 99865 (CA)

Court of Appeal  •  Civil Appeal 144 of 2018  •  25 Jul 2019  •  Kenya

Alnashir Ramazanali Magan Visram, Agnes Kalekye Murgor, Stephen Gatembu Kairu



Before us is an appeal from a ruling of the Environment and Land Court at Mombasa (A. Omollo, J) given on 28th September 2018 where the learned judge granted Swaleh Omar Said, the respondent an interlocutory injunction restraining Khalid Salim Abdulsheikh, the appellant from inter alia, collecting rent, selling by public auction, transferring or having any dealings with Plot Nos. MOMBASA/BLOCK XXIX/76 and MOMBASA/BLOCK XVII/136 (the suit properties) pending the hearing and determination of the suit at the trial court.

Along with the plaint, the respondent had filed a Notice of Motion dated 26th September 2017 under order 40 of the Civil Procedure Rules seeking a temporary order to restrain the appellant, First Community Bank Limited and the Register of Lands, (the 2nd and 3rd defendants respectively ) from interfering with the suit properties pending the hearing and determination of a suit concerning an alleged theft and transfer of title documents to the suit prop…

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