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Kings Motors Ltd v. Shell & BP (Malindi) Kenya Ltd

(2005) JELR 99812 (CA)

Court of Appeal  •  Civ Appli NAI 336 of 2004  •  4 Feb 2005  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Philip Nyamu Waki, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

This is an application by M/S. Kings Motors Ltd (hereinafter the “applicants”) under rule 5(2)(b ) of the Rules of this Court for stay of execution pending the determination of an intended appeal against the decision of the superior court (Kimaru, J) made on 25th November, 2004. In that decision, a temporary mandatory injunction was issued compelling the applicant, its servants and or agents to vacate all that parcel of land known as Nakuru Municipality/Block 11/650 within 14 days of the ruling in default of which they would be evicted. The applicant was also restrained by temporary injunction from using or in any way dealing with the said parcel of land. This Court on 29th December, 2004 issued a temporary stay of execution of the two orders until the hearing and determination of this application.

The salient facts giving rise to the application are not in serious conflict. Nakuru/Municipality/Block 11/650 (hereinafter “the suit property”) is an undeveloped plot reg…

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