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REAL VENTURES LIMITED, WILLIS OPUKA, ODHIAMBO M. T. ADALA AND HORST KRUMEICH v. AKIBA BANK LIMITED, ENDEBESS DEVELOPMENT, COMPANY LIMITED AND COMMISSIONER OF LANDS

(2007) JELR 94320 (CA)

Court of Appeal  •  Civil Appli 3 Of 2007 (U R. 2/2007)  •  9 Mar 2007  •  Kenya

Coram
Emmanuel Okello O'Kubasu, John walter Onyango Otieno, William Shirley Deverell

Judgement

RULING OF THE COURT

We have before us an application by way of Notice of Motion expressed to have been brought “Under Rule 5 (2) (b) and Rule 47 of the Court of Appeal Rules; the inherent Powers of this Honourable Court and all enabling provisions of the law”. In this application the applicants, Real Ventures Ltd. (1st Applicant), Willis Opuka (2nd Applicant), Odhiambo M. T. Adala (3rd Applicant) and Horst Krumeich (4th Applicant) are seeking the following orders:

“1. THAT leave be granted to commence contempt proceedings against the 2nd Respondents, and its director Mr. Fred Gumo.

2. THAT the 2nd Respondent be restrained from harassing, evicting and/or interfering with the Applicants quiet enjoyment of the suit property pending the hearing and determination of the Notice of Motion application filed herein on 14.11.2006.

3. THAT the orders of this Honourable court be enforced with the assistance of the O.C.S., Kileleshwa Police Station.

4. Any other relief this Honourable Court may deem ju…

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