judy.legal
Login Register

Mureithi v. City Council of Nairobi

(1979) JELR 98811 (CA)

Court of Appeal  •  Civil Appeal 5 of 1979  •  11 Jul 1979  •  Kenya

Coram
Chunilal Bhagwandas Madan, Cecil Henry Ethelwood Miller, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL FOR EAST AFRICA

AT NAIROBI

( Coram: Madan, Miller and Potter JJA )

CIVIL APPEAL NO. 5 OF 1979

BETWEEN

MUREITHI.....................................................................APPELLANT

AND

CITY COUNCIL OF NAIROBI...................................RESPONDENT

JUDGMENT

Madan JA Upon an application made under Order XXXIX rules 1 and 2 of the Civil Procedure Rules, for the grant of a temporary injunction the learned judge of the High Court made the following ruling:

“Injunction refused as plaintiff can be adequately compensated if Council have derogated from grant. Leave to appeal with photocopy record.”

This appeal is against the above order. The appellant’s (plaintiff’s) application for an injunction was, I quote, to restrain the defendant, its agents or servants from demolishing the kiosk built by the plaintiff at Jericho open-air market, or harassing the plaintiff, her agents or servants in relation to the kiosk. The defendant then stopped the plaintiff from occupying t…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login