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JOSEPH D. K. KIMANI & ANOTHER
V.
SIMON CHEGE KAMANGU

(2016) JELR 100732 (CA)

Court of Appeal 30 Sep 2016 Kenya
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Case Details

Suit Number:Civil Appeal 169 of 2010
Judges:Festus Azangalala, Philomena Mbete Mwilu, Sankale ole Kantai
Location:Nairobi
Other Citations:Joseph D. K. Kimani & Another v. Simon Chege Kamangu[2016] eKLR

JUDGMENT OF THE COURT

[1] This is an appeal by the two defendants, now appellants, from the decision of the High Court (R. N. Sitati, J.), given on 3rd May, 2010, whereby the learned Judge, among other orders, issued a mandatory injunction compelling the appellants to release to the respondent and keep off motor vehicle registration No. KBB 184X, (the said or the suit vehicle). The respondent was the plaintiff in the suit. The learned Judge further granted an interlocutory prohibitory injunction restraining the appellants from, among other things, interfering with the respondent's operations and possession of, selling, disposing of, vandalizing parting with possession (except to the respondent) of the suit vehicle pending the hearing and determination of the said suit. The learned Judge also declined to consolidate HCCC Nos. 47 and 66 both of 2010.

[2] The facts of this litigation are not much in dispute. The origin is Bungoma Chief Magistrate's Court Civil Case No. 54 of 2004 between …

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