VIVO ENERGY KENYA LIMITED V. MALOBA PETROL STATION LIMITED, TOTAL KENYA LIMITED, PETROLEUM LIMITED & TIMOTHY ASOMBA MALOBA

JUDGEMENT OF THE COURT

This is an interlocutory appeal from the ruling and order of the High Court of Kenya at Kakamega (Chitembwe, J.) dated 11^th April 2014. For clarity and ease of reference we shall refer to the parties in the appeal as follows: the appellant, Vivo Energy Kenya Limited, shall be referred to as Vivo; the 1^st respondent, Maloba Petrol Station Limited, as Maloba Station; the 2^nd Respondent, Total Kenya Ltd, as Total; the 3^rd respondent, Bukhungu Petroleum Ltd, as Bukhungu; and the 4^th respondent Timothy Asomba Maloba, as Mr. Maloba.

By the said ruling the learned judge granted an injunction restraining Vivo, Maloba Station and Mr. Maloba from interfering with Total’s possession and operations on LR No. Kakamega Municipality/Block 1/548 (the suit property) until the hearing and determination of Kakamega High Court Land and Environment Case No. 345 of 2013. Aggrieved by the ruling, Vivo lodged a notice of appeal the same day the ruling was delivered and followed it up by …