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SONY HOLDINGS LIMITED, NAKUMATT HOLDINGS LIMITED & KNIGHT FRANK LIMITEDV KEREN BUARON

(2009) JELR 95891 (CA)

Court of Appeal  •  Civil Appli 24 of 2009  •  20 Mar 2009  •  Kenya

Coram
Philip Nyamu Waki, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

By an application brought under Rule 5 (2) (b) of the Court of Appeal Rules, the applicants ask this Court to “stay the orders” made by the superior court (Sitati J) on 2nd February, 2009 extending the exparte interim orders of injunction issued on 19th January, 2007 restraining the applicants from evicting the respondent or interfering with the respondents enjoyment of L.R. No. 1879/1/557 unit G8 Westgate shopping Mall and any further extension of those orders pending the hearing and determination of the applicants’ intended appeal.

The application is supported by the affidavit of Alex Trachtenberg a director of the 1st applicant to which various documents are annexed including a sub-lease dated 12th January, 2007 by which the 2nd applicant sub-let unit G.8 on the ground floor of Westgate Shopping Mall to the respondent for a term of six years at monthly rentals shown in the sub-lease with effect from 1st June, 2007. The proceeding of the superior court in High Cour…

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