RODGERS CHIRIBA NYAMBU & GEORGE BARUA V. GEORGE MADEMU MUNGA, DAVID MKOKA MUNGA, JOHANA BONDERA MUNGA & FRANKLINE SHIDA MUNGA

JUDGMENT OF THE COURT

[1] This is an interlocutory appeal against an interim order of injunction that was issued on 16^th September, 2016 by Angote J. By the said order, the 1^st and 2^nd appellants were restrained either by themselves, their agents, servants or representatives from trespassing onto, cultivating, or in any other way interfering with plot No 125 Vinagonei (suit property) pending the hearing and determination of the suit. We do not know whether the suit has been heard and determined, be that as it may, the appellants have challenged the order of injunction as they contend in the memorandum of appeal that the learned Judge determined issues of ownership of suit property to finality, through affidavit evidence and written submissions. Further the appellants state that the Judge failed to consider there were previous suits and proceedings before the Land Adjudication tribunals and for failing to appreciate that the appellants were not the persons who were cultivating the land.

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