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M/S GUSII MWALIMU INVESTMENT CO. LTD & 2 ORS
V.
M/S MWALIMU HOTEL KISII LTD

(1996) JELR 104602 (CA)

Court of Appeal 27 Sep 1996 Kenya
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- The dispute concerned leasehold premises (Kisii Town/Block III/214) where the respondent, Mwalimu Hotel Kisii Ltd, was tenant under an unregistered lease with the first appellant, Gusii Mwalimu Investment Ltd, for a term that expired on 3

Case Details

Suit Number:Civil Appeal 160 of 1995
Judges:Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha
Location:Kisumu
Other Citations:M/S GUSII MWALIMU INVESTMENT CO. LTD & 2 others v. M/S MWALIMU HOTEL KISII LTD [1996] eKLR

JUDGMENT OF TUNOI, J.A.

This appeal is from the ruling of the High Court of Kenya sitting at Kisii (Mbaluto, J.) delivered on the 11th August, 1995. In the said ruling, the Court allowed an application by the respondent for an order of interim injunction restraining the appellants from interfering with the respondent's quiet possession and enjoyment of those leasehold premises situate on Kisii Town/Block III/214 (the suit premises) until the final determination of the suit. The Court further ordered the suit premises to be opened and the keys thereto handed over to the respondent forthwith.

The facts and the background of the appeal have been ably and fully set out in the judgments prepared by Shah and Lakha, JJ.A. and I will not repeat them.

In my view, the only issue in this appeal is whether or not the learned judge was right in granting the respondent's application for temporary injunction. Mr. Mogikoyo, for the appellants, has assailed the learned judge's ruling on a number of groun…

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