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JOHN GACHIE GICHIMU & 20 OTHERS
V.
MUKUA TUTUMA & ANOTHER

(2010) JELR 100944 (CA)

Court of Appeal 19 Nov 2010 Kenya
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Case Details

Suit Number:Civil Application 123 & 91 of 2010
Judges:Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki, Joseph Gregory Nyamu
Location:Nairobi
Other Citations:John Gachie Gichimu & 20 others v. Mukua Tutuma & another [2010] eKLR

RULING OF THE COURT

This application by notice of motion is made under rules 5(2(b) and 42 of the Court of Appeal Rules. It seeks an order of temporary injunction to issue against the respondents jointly and/or severally to restrain them from evicting the applicants from their individual business and/or residential premises and houses situate on L.R. No. 209/9692 at Huruma Shopping Centre Nairobi pending the final hearing and determination of their intended appeal against the ruling/decision and orders of the superior court in H.C.C.C. (NBI) No. 98 of 2010 delivered on 17th day of May, 2010.

The application is based on several grounds set out on the face thereof and also on the supporting affidavit sworn to by Sebastian Mbatha Mbithi the 11th applicant, and filed herein together with the application on 4th June, 2010.

In a suit by the applicants filed in the superior court against the respondents on 22nd February, 2010, the former describe themselves as business or residential tenants of…

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