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…