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JOSEPH GICHINA MUHORO
V.
DANIEL OTIENO ALARA & 2 OTHERS

(2016) JELR 100723 (CA)

Court of Appeal 28 Oct 2016 Kenya
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Case Details

Suit Number:Civil Appeal 9 of 2016
Judges:Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Eldoret
Other Citations:Joseph Gichina Muhoro v. Daniel Otieno Alara & 2 others [2016] eKLR

JUDGMENT OF THE COURT

1. In a ruling delivered on 24th September 2015 in Land Case No. 84 of 2015, the Environment and Land Court at Kitale, (E. Obaga, J.) dismissed with costs, the appellant’s motion for temporary injunction dated 11th June 2015 seeking to restrain the respondents from entering or trespassing upon any portion of his property known as Title Number West Pokot/Keringet “A”/44 (the appellant’s property) pending the hearing and determination of his suit.

2. Aggrieved, the appellant lodged this appeal.

Background

3. The appellant’s case as set out in his plaint, witness statement and affidavits before the lower court is that he is the registered proprietor of the property measuring approximately 0.69 hectares that is charged to Kenya Commercial Bank Limited to secure a loan facility; that he intended to sell a portion of the property measuring 0.12 acres with a view to paying off the bank’s debt and to redeem the property; that the 1st respondent expressed an interest to purch…

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