NAFTALI RUTHI KINYUA V. PATRICK THUITA GACHURE & CITY COUNCIL OF NAIROBI

JUDGMENT OF THE COURT

This appeal is in respect of the ruling and orders following an application where the High Court declined to grant an injunction on the basis that the appellant, Naftali Ruthi Kinyua, did not have a genuine and arguable case to warrant the grant of an injunction.

The facts of the case as can be discerned from the record, are that the appellant sued the 1^st and 2^nd respondent as the proprietors of a parcel of land known as Land Reference No. 8285/1522 also known a Plot Number 133 Kariobangi Light Industries, Nairobi, measuring 0.0334 hectares or thereabouts (“the suit property”) which it was contended was allocated to one Peter Muthaura on or about 5^th June 1979. The appellant contended that he had entered into a sale agreement with Peter Muthaura for the purchase of the suit property, which sale Peter Muthaura confirmed in an affidavit of the same date. Subsequent to purchasing the suit property, the appellant notified the 2^nd respondent of the purchase, and paid a…