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Nixo Garments Limited v. Minaz Shabanali Mohamed Javer & Adil Shabanali Mohamed Javer

(1997) JELR 94176 (CA)

Court of Appeal  •  Civil Application 9 of 1997  •  31 Jan 1997  •  Kenya

Coram
Gurbachan Singh Pall, Samuel Elikana Ondari Bosire, Richard Otieno Kwach

Judgement

RULING OF THE COURT

Before us is a Notice of Motion expressed to be brought under rule 5 (2) (b) of the Rules of this Court. The applicant Nixo Garments Limited (under, the applicant) names in that application Minaz Shabanali Mohamed Javer and Adil Shabanali Mohamed Javer (under, the respondents) as respondents. The applicant seeks an order of injunction against the respondents to restrain them, by themselves or by their agents or servants, from evicting the applicant from premises on a plot of land known as L.R. NO. 209/2627, Njugu Lane, Nairobi until the final determination of an intended appeal against a decision of the superior court (Mbogholi Msagha, J.) dated 16th January, 1997, in Nairobi High Court Civil Case No. 2546 of 1996.

The jurisdiction of the Court under rule 5 (2) (b), above, is discretionary and wide. To succeed an applicant is obligated to show, firstly that he has an arguable appeal. Secondly, that unless the order sought is granted his appeal or intended appeal, if …

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