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NYAHURURU D.E.B. PRIMARY SCHOOL THROUGH ITS EXECUTIVE OFFICIALS NAMELY; JOHN ALUMA EKAI CHAIRMAN MARY NJERI MUNENE SECTRETARY GERALD NDUHIUTREASURER V. CATHERINE WANGUI KARIUKI

(2014) JELR 94126 (CA)

Court of Appeal  •  Civil Application Nai 254 of 2014 (UR)  •  14 Nov 2014  •  Kenya

Coram
Martha Karambu Koome

Judgement

RULING

This is an application brought principally under the provisions of Rule 4inter alia, of this Court Rules. The applicant is a public primary school, in Nyahururu in Nyandarua County. The applicant was was sued, through its elected officials before the High Court at Nakuru by the respondent over the ownership of a property known as Title No. Nyandarua/Nyahururu Municipality Block 6/660 (hereinafter referred to as the suit premises). As it has become a practice nowadays, simultaneously with the filling of the suit, the respondent also filed a Notice of Motion under certificate of urgency seeking for interim orders of injunction to restrain the applicant from interfering with the suit premises pending the hearing and determination of the suit. Upon hearing the application, in a ruling dated 20 th June 2014, the learned

Judge, made the following orders;

"Now, the applicant is effectively seeking interlocutory mandatory injunction. She requires the respondent to cease being present on t…

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