LATA SURESH MADHYAN V. WEMA TRANSPORTERS LIMITED & 4 ORS.

RULING

1. By a Notice of Motion dated 21st June 2021, Lata Suresh Madhyan (the applicant) has sought orders of injunction, stay of execution and stay of proceedings of HC (Commercial and Tax Division) No. 319 of 2019 against the ruling of High Court pending the hearing and determination of this application and an intended appeal.

2. The motion was brought on the grounds that the applicant is aggrieved by the ruling of the trial court of 2nd June 2021 in which the Court granted the Peter Gaitho Kamande, the 4th respondent herein, and Convergys Properties Limited, the 5th respondent herein, a mandatory injunction to compel the applicant to handover the property known as Flat No. 3A L R No. 209/18/2 Nairobi (the suit premises) situated at Krishna Park in Parklands, Nairobi pending the hearing and determination of the suit.

3. The applicant’s claim was that she had filed a suit in the High Court seeking a permanent injunction against the respondents to restrain them, or their servants or agents from …