AFYARE ENTERPRISES COMPANY LIMITED
V.
GIDEON KIREMAH MUGAMBI & 3 ORS

RULING OF THE COURT

[1] This is an application for injunction brought under Rule 5(2) (b) Court of Appeal Rules to restrain the respondents...

“...from undertaking any development and/or construction and/or making any improvement to the building, transferring and/or registering any dealing ....and from dealing with parcel of land number 36/VIII/403 original number 3618 otherwise known as Baraka Shopping Complex pending the hearing and determination of intended appeal.”

[2] The application is supported by the affidavit of Hassan Abdi Warsame – a director of the applicant to which various documents have been annexed. The application is opposed by the 1^st, 2^nd and 3^rd respondents. The 1^st respondent has filed a replying affidavit sworn on 13^th December 2018. The 2^nd respondent has also filed a replying affidavit sworn on 5^th December 2018 by Ahmed Mohamed Elmi, the Managing Director of the 2^nd respondent. The 3^rd respondent did not file any response nor attend the hearing. The 4^th responden…