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P K A v. K P A

(2018) JELR 94174 (CA)

Court of Appeal  •  Civil Application 294 of 2017  •  27 Apr 2018  •  Kenya

Milton Stephen Asike Makhandia, Patrick Omwenga Kiage, Kathurima M'inoti



The applicant P K A seeks against the respondent K P A an order of injunction restraining the respondent or her servants and/or agents from evicting, threatening to evict, harassing or in any way interfering with her quiet possession of a residential house on L.R. NO. 3734/943 situate at Riverside Drive Nairobi (the suit property). The application is brought under Rule 5(2)(b) of the Court of Appeal Rules as an interim measure pending the hearing and determination of an intended appeal by the applicant against the judgment and decree of the Environment and Land Court (Okongo, J) delivered on 3rd November 2017.

The application is founded on grounds appearing on its face as follows;

“1. That the applicant has an arguable appeal with high chances of success.

2. That if an injunction is not granted, the applicant will suffer irreparable loss and the intended appeal will be rendered nugatory for reasons set out in the supporting affidavit.

3. That the imminent eviction of th…

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