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Maxwell Hudson Kaduki Diggs & Eunice Catherine Nyongesa v. I & M Bank, Garam Investment Auctioneers & Eric Ananda

(2018) JELR 99196 (CA)

Court of Appeal  •  Civil Application 32 of 2018 (UR 30/2018)  •  13 Jul 2018  •  Kenya

Coram
Patrick Omwenga Kiage, Agnes Kalekye Murgor, Kathurima M'inoti

Judgement

RULING OF THE COURT

The motion dated 8th February 2018 by the applicants Maxwell Hudson Kaduki Diggs and Eunice Catherine Nyongesa as crafted gives the impression that the suit property they occupy is in imminent danger of being sold.

It specifically craves;

“3. An order be and is hereby restraining the respondent, its agents and or servant from advertising, selling, alienating, or in any way interfering with the appellants quiet enjoyment of possession of the property LR No. 330/1374 pending the hearing of this application inter-parties.

4. An order be and is hereby issued restraining the respondent, its agents and or servant from advertising, selling, alienating or in any way interfering with the appellants quiet enjoyment of possession of the property L.R. No. 330/1347 pending the hearing of this appeal.”

The motion also contains in prayer 2 a plea for stay of the orders of Obaga, J. delivered on 22nd January 2018 “pending the hearing and determination of the application inter parties.”…

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