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Westlands Triangle Properties Ltd v. Westlands Sundries Ltd, Meat Masters Ltd & Do It Yourself Ltd

(2010) JELR 94750 (CA)

Court of Appeal  •  Civil Application 64 of 2009  •  16 Jul 2010  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Philip Nyamu Waki

Judgement

RULING OF THE COURT

This is an application under rule 5(2)(b) of the Court of Appeal Rules, for an order of stay of the orders of the superior court made on 28th November 2008 and 10th December, 2008, in High Court Civil Case No. 112 of 2008. By those orders the superior court granted, firstly a mandatory injunction to compel Westlands Triangle Properties Limited, the applicant herein, to reinstate forthwith, Westlands Sundries Limited, Meat Masters Limited, and Do it Yourself Limited, the 1st, 2nd and 3rd respondents in the application, into premises on L.R. No. 209/6368/4, and secondly, a temporary injunction restraining the applicant from letting, transferring, charging, leasing, pledging or in any other way alienating the shop space occupied by the respondents’ herein, or from interfering with their occupation thereof. There were other orders, but they are not relevant in the application before us. The orders were to remain in force pending the hearing and determination of the suit…

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