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Mohamed Said Ahmed v. Grand Batian Hotel Ltd

(2005) JELR 99006 (CA)

Court of Appeal  •  Civil Application 263 of 2004  •  20 May 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

Mohamed Said Ahmed, the applicant herein, is seeking from the Court an order of an injunction under Rule 5(2)(b) of the Court’s, Rules. He had unsuccessfully sought for such an order in the High Court where Okwengu, J, thought he was not entitled to such an order. He proposes to appeal against the order of Okwengu, J. refusing to grant him the injunction he had sought. He has filed a notice of appeal and has in fact filed a record of appeal. Pending the determination of the appeal, the applicant now wants us to grant an injunction,

“ ........... to restrain the respondent whether by itself, its servants and/or agent from dumping building materials and or constructing a building on plot NO. NYERI MUNICIPALITY BLOCK II/953 originally Plot NO. 7 Swahili Line I in Nyeri Municipality or be restrained from in any way interfering with the quiet possession of the applicant of the said plot until after the hearing and final determination of the applicant’s appeal to this Hono…

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