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Njoroge Njuguna v. Ruth Wanjiku Kamau, Cyrus Komo Chege, Joseph Ngigi Wanjiku, Muchai Karu, Paul Chege Kamau, Peter Njoonge & Lands Registrar Kiambu

(2014) JELR 94372 (CA)

Court of Appeal  •  Civil Application Nai 326 of 2009  •  3 Oct 2014  •  Kenya

Coram
Philip Nyamu Waki, Wanjiru Karanja, Kathurima M'inoti

Judgement

RULING OF THE COURT

In this notice of motion dated 13th October 2009 brought under Rule 5(2)(b) of this Court’s Rules, the applicant seeks an order of injunction against the seven (7) above named respondents.

When the motion came up for hearing before us however, Mr. P. K. Njoroge, learned counsel for the applicant informed us that some of the respondents have since

passed on and they have not been substituted. He therefore, with the leave of the court withdrew the application against 3rd and 6th respondents under Rule 52 of the Rules of this Court.

The applicant entreats this Court to restrain the remaining respondents, “ their agents, servants or any other person whatsoever and howsoever acting under them jointly and severally from selling, alienating, wasting, charging, transferring and interfering in any manner with land parcel numbers Githunguri/Gathangari/1720, 1721, 3061, 3062, 3063, 3106, 3107, 3108, 3109, 3110, 3111, 3112 a n d 3113 u n t i l the determination of the intended app…

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