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STEPHEN MBUGUA MUCHUI & 149 OTHERS v. MBO-I-KAMITI FARMERS COMPANY LIMITED AND 8 OTHERS

(1997) JELR 94972 (CA)

Court of Appeal  •  civ app 210 of 96  •  12 Jun 1997  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Abdulrasul Ahmed Lakha

Judgement

JUDGMENT OF THE COURT

This is an appeal against the decision of the superior court (Ole Keiwua, J.) given on 24th June, 1996 whereby he dismissed the appellants' application for an injunction. Having heard Mr. Mubea for the appellants we are satisfied that this appeal has no merit. The learned judge was in no error either in principle or otherwise in refusing the injunction. We ourselves find no basis on which such an order could have been made. Mr. Mubea for the appellants conceded and, in our view rightly, that the grounds of appeal have been spent. The appeal fails and is dismissed with costs.

Dated and delivered at Nairobi this 12th day of June, 1997.

R.S.C. OMOLO

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JUDGE OF APPEAL

A.A. LAKHA

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JUDGE OF APPEAL

S.E.O. BOSIRE

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AG. JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR

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