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ABEL SALIM & 4 ORS
V.
SF OKONG'O & 2 ORS

(1976) JELR 106353 (CA)

Court of Appeal 14 Jan 1976 Kenya
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Case Details

Suit Number:Civil Appeal 44 of 1975
Judges:Eric John Ewen Law, Abdulla Mustafa, Samuel William Wako Wambuzi
Location:Nairobi
Other Citations:Abel Salim & 4 others v. SF Okong'o & 2 others [1976] eKLR

JUDGMENT

The appellants (whom I will call “the plaintiffs”) alleged that the first and second respondents (“the first and second defendants”) had agreed to lease them certain premises at Munyu Road, Nairobi. They further alleged that in breach of their agreement the first and second defendants leased the same premises to the third respondent (“the third defendant”) and that the third defendant had procured the breach of the agreement to lease to the plaintiffs by the first and second defendants. The plaintiffs filed an action in the High Court claiming, inter alia, as against the first and second defendants, an order for specific performance of the agreement to grant a lease; and as against the third defendant, a declaration that the lease between the first and second defendants was invalid, and as against all the defendants, delivery of possession of the premises to the plaintiffs.

The plaintiffs also took out an ex-parte chamber summons for an interlocutory injunction against the defe…

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