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JAMES MBATIA THUO & ANOR
V.
KENYA RAILWAYS CORPORATION & ANOR

(2015) JELR 97069 (CA)

Court of Appeal 20 Mar 2015 Kenya
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Case Details

Suit Number:Civil Application 184 of 2012
Judges:Wanjiru Karanja, Philomena Mbete Mwilu, Stephen Gatembu Kairu
Location:Nairobi
Other Citations:James Mbatia Thuo & another v. Kenya Railways Corporation & another [2015] eKLR

RULING OF THE COURT

1. Before the Court is an application dated 4th July 2012 brought under sections 3A and 3B of the Appellate Jurisdiction Act and Rules 5(2)(b) and 42 of the Court of Appeal Rules, 2010. The substantive relief sought by the applicants is an order of temporary injunction

restraining the 1st respondent, whether by themselves or their agents from evicting, intimidating, harassing and/or in any manner interfering with the 1st and 2nd applicant's quiet possession and enjoyment of house No. WK 10 on LR No. 209/6445, Kileleshwa, Nairobi and house No. WK 21 on LR No. 209/6444, Kileleshwa, Nairobi, pending the hearing of this application inter partes

until the final determination and disposal of the intended appeal herein.

2. That motion is supported by the affidavit of the 1st applicant, also sworn on behalf of the 2nd applicant on 4th July 2012. The grounds in support of the application are that the applicants are in occupation of the said suit premises but face imminent e…

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