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BROOKSIDE STUDIOS LIMITED & ANOTHER
V.
A A KAWIR TRANSPORTERS LIMITED & 4 OTHERS

(2017) JELR 103509 (CA)

Court of Appeal 3 Mar 2017 Kenya
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Case Details

Suit Number:Civil Appeal 346 & 347 of 2013 (Consolidated)
Judges:Alnashir Ramazanali Magan Visram JA, Martha Karambu Koome JA, Jamila Mohammed JA
Location:Nairobi
Other Citations:Brookside Studios Limited & another v. A A Kawir Transporters Limited & 4 others [2017] eKLR

JUDGMENT OF THE COURT

1. Before us are two interlocutory appeals, BROOKSIDE STUDIOS LIMITED is the appellant in CA NO. 346 of 2013 whereas YELLOW HORSE INNS LIMITED is the appellant in CA NO. 347 of 2013. Both appeals were consolidated and the appellants will hereinafter be referred to as the 1st and 2nd appellant respectively.

2. Aggrieved by the rulings and orders of Gitumbi, J, who dismissed their separate applications for temporary injunctive relief, both appellants separately appealed against the said rulings and orders. By an order of this court made 1 on 19th January, 2015, the two appeals were consolidated as the facts and parties are the same save for the appellants and the suit properties which are different. It is notable that there has been a multiplicity of suits and applications in the Environment and Land Court [ELC] and in this Court relating to the suit properties.

3. The genesis of CA No. 346 of 2013 as can be discerned from the plaint dated 22nd December, 2011 is that …

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