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Mua Park Investments Limited v. Kenya National Assurance Company Limited (In Liquidation)

(2006) JELR 98875 (CA)

Court of Appeal  •  Civil Appli 32 of 2006  •  5 May 2006  •  Kenya

Coram
John walter Onyango Otieno, Erastus Mwaniki Githinji, William Shirley Deverell

Judgement

RULING OF THE COURT

This is an application by Notice of Motion dated 2nd February 2006 brought by Mua Park Investments Ltd. (hereinafter “the applicant”) under rules 5(2)(b), 42 and 47 of the Court of Appeal Rules (hereinafter “the Rules”) seeking the following Orders:

1. That this Honourable Court do grant an injunction restraining the respondent by itself, its officers or agents from advertising offering for sale, selling, transferring or effecting a change of registration over or otherwise howsoever disposing of or alienating ALL THAT parcel of land known as L. R. Number 209/11214 within Nairobi pending the hearing and final determination of the intended appeal herein.

2. That pending the hearing and final determination of this Application, this Honourable Court be pleased to issue a temporary injunction in terms of prayer 1 above.

3. That the costs of this application be provided for.

The grounds of the application were stated to be: -

1. The superior court (Mary Kasango J.) had dismi…

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