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Viridiana E. Omondi & 34 others v. National Housing Corporation

(2011) JELR 96343 (CA)

Court of Appeal  •  Civil Application 44 of 2011  •  29 Jul 2011  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya

Judgement

RULING OF THE COURT

This is an application by way of Notice of Motion, expressed as having been brought “Under Rules 5(2) (b) and 47 of the Court of Appeal Rules”. In the application the 35 applicants are seeking one main relief in that:- “2. An Injunction be and is hereby issued in favour of the Applicants restraining the Respondent from evicting the Applicants from their respective suit individual rented houses listed and set out in KISII HCCC NO. 182 of 2010, pending the final hearing and determination of the Applicants’ intended Appeal against Hon. Justice Asike Makhandia’s Decision/Ruling and or Orders made on 31st January, 2011.” The application which is supported by an affidavit sworn by one, Jared O. Orinda, (the 4th applicant) is brought on the following grounds:- “a) The Applicants have timeously filed and served a Notice of Appeal against the Superior Court’s decision/ruling and or orders intended to be appealed from and also applied for typed and certified copies of the pro…

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