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Norman Mwangi Wambugu t/a Keja Inn Bar & Restaurant & Ann Wamboi v. Group Power Company Limited

(2021) JELR 96723 (CA)

Court of Appeal  •  Civil Application 51 of 2020  •  29 Jan 2021  •  Kenya

Coram
Jamila Mohammed, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

In the Motion brought under rule 5 of the Rules of this Court it is prayed in the main that we issue an injunction against the respondent restraining it from denying access or interfering with the user and occupation by the applicants of a parcel of land known as Uasin Gishu/Kimumu Settlement Scheme/7042 (“the suit land”) pending the hearing and determination of the Motion and of an intended appeal. In grounds in support of the application and in a supporting affidavit of the applicant (Norman Mwangi Wambugu t/a Keja Inn Bar and Restaurant) it is stated amongst other things that the applicant had filed Eldoret CM. ELC No. 109 of 2019; that an accompanying application for injunction was dismissed on 11th October, 2019; that an appeal was lodged being Eldoret ELC Appeal No. 40 of 2019 accompanied by an application for injunction which application was dismissed on 23rd January, 2019 and there followed a Notice of Appeal to this Court; that the intended appeal raises ar…

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