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WINFRED MUTUMI WAMBUA & PATRICK MASAI MAKAU v. ABEDNEGO NYAMAI ARON MAKAU

(2007) JELR 96352 (CA)

Court of Appeal  •  Civil Appli 290 of 2006 (163/2006 UR)  •  30 Mar 2007  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

We have before us an application brought by way of Notice of Motion pursuant to rule 5(2)(b) of the Court of Appeal Rules in which the applicants, Winfred Mutumi Wambua and Patrick Masai Makau are seeking an order that “an interlocutory injunction order do issue to restrain the respondent herein his agents and/or servants from erecting, alienating, managing or otherwise howsoever interfering with the operations and management of T-Tot Hotel, Machakos pending the hearing and determination of the intended appeal herein. The application is brought on the following grounds:-

“1. The applicants who have an undoubted right of appeal desire to appeal to this Honourable Court against the ruling delivered on 27th September, 2006 by the superior court.

2. The intended appeal will raise substantial and arguable points of law with very high chances of success in that:-

(a) The ruling of the superior court was delivered prematurely pending the closure of the applicants submissions…

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