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Stephen Kipkebut t/a Riverside Lodge and Rooms v. Naftali Ogola

(2009) JELR 96688 (CA)

Court of Appeal  •  Civil Appli 146 of 2008 (UR 93/08)  •  23 Oct 2009  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki

Judgement

RULING OF THE COURT

Stephen Kipkebut (the applicant) comes before us under rule 5 (2) (b) of the rules of this Court seeking two substantive orders, namely: -

“(1) That this Honourable court be pleased to stay further proceedings of the superior court and to stay execution of the orders of the Honourable Lady Justice Mary A. Ang’awa given on the 18th day of June, 2008 at Nairobi pending the hearing and determination of the applicants intended appeal.

(2) That a temporary injunction be issued compelling the respondent herein his servants, agents and tenants to give vacant possession of the applicants parcel of land known as LR. No. 209/14318 situated along Jogoo Road within the city of Nairobi forthwith pending the hearing and determination of the applicants intended appeal.”

At the hearing of the application, learned counsel for the applicant Mr. Ngoge, abandoned prayer 1 and urged prayer 2. The prayer itself is curiously worded but in essence it seeks a “temporary mandatory injunction”.

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