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CROSS CURRENT INDIGENIOUS NETWORK
V.
COMMISSIONER OF LANDS & ANOR

(2018) JELR 103024 (CA)

Court of Appeal 9 Nov 2018 Kenya
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Case Details

Suit Number:Civil Application 216 of 2018
Judges:Roselyn Naliaka Nambuye, Fatuma sichale, Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Cross Current Indigenious Network v. Commissioner of Lands & another [2018] eKLR

RULING OF THE COURT

1. In its application presented to the Court on 25th July 2018, under Sections 3A and 3B of the Appellate Jurisdiction Act and Rule 5(2)(b) of the rules of the court, among other provisions, the applicant seeks an order of injunction to restrain the second respondent from evicting it from L. R. No. 209/11635 (the property) and/or from interfering with its occupation or the occupation of the premises by its tenants by alienating, leasing, transferring, selling, or disposing of the property pending the hearing and determination of an intended appeal from the judgment of the Environment and Land Court ( Mutungi, J) delivered by Okongo, J on 19th April 2018 declaring the 2nd respondent to be the owner of the property and ordering the applicant to hand over possession of the same to the 2nd respondent within 30 days of service of the decree.

Background

2. In its suit before the High Court, the applicant averred that the property was allotted to it by the 1st respondent by …

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