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RULING
Peter Nganga Muiruri, the applicant, is named defendant in a suit which was commenced in the High Court at Milimani, Nairobi, by Chiera Waithaka, the respondent, claiming a mandatory injunction and damages for trespass. The applicant is in occupation of land known as L.R. No. 7752/225 situated at Loresho Nairobi. The land was originally registered in his name, but it was sold to the respondent by Housing Finance Company of Kenya in exercise of its statutory power of sale.
On 16th February 2011, Khaminwa J. ruled that the applicant had no proprietory interest over the aforesaid property and the land in question was registered in the name of the respondent herein. That notwithstanding, the learned Judge dismissed the respondent’s application for an interlocutory mandatory injunction to compel the applicant herein to vacate the suit property and deliver vacant possession to the respondent and thereafter a restraining injunction to issue to bar re entry by the applicant.
The responden…