STEPHEN MBUGUA MWAGIRU & ROSEMARY WANJA MWAGIRU V. TATU CITY LIMITED & KOFINAF COMPANY LIMITED

RULING OF THE COURT

When this matter came up for hearing before us on 27^th June 2012, both learned counsel, Dr Kamau Kuria and Mr Oraro appearing for the applicants and respondents respectively, consented that Civil Applications No. NAI 206/2011 and NAI 207/2011 be heard together as they both emanated from the same ruling of Muga Apondi, J which was delivered on 22^nd July, 2011 and further that the Court prepares one Ruling in respect of both. The applicants in both applications are the same but the respondents are different with the respondent in Civil application No.206/2011 being Tatu city while that in civil application No.207/2011 is Kofinaf company limited. This is the ruling in respect of the two applications which were filed pursuant to rule 5 (2) (b) of the Court of Appeal Rules. There are two principal prayers in the applications viz:

1. That the firm of Oraro and Company Advocates be restrained by an order of injunction from acting for the respondent in the High Court Winding…