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NEWTON KAGIRA MUKUHA
V.
NAIVAS LIMITED & 2 ORS.

(2021) JELR 113491 (CA)

Court of Appeal 17 Nov 2021 Kenya
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Case Details

Suit Number:CIVIL APPEAL NO. 39 OF 2017
Judges:ROSELYN NAMBUYE, JA FATUMA SICHALE, JA SANKALE ole KANTAI, JA
Location:Nairobi

JUDGMENT

1.This is rather an unfortunate litigation pitting close siblings, the appellant and his two brothers (the 2nd and 3rd respondents). Be that as it may, Newton Kagira Mukuha (the appellant herein) has filed this appeal against the ruling of Nzioka, J. dated 14th November 2016.

2.The brief facts in this appeal are as follows. Vide a plaint dated 31st October 2013, the appellant sued the 2nd and 3rd respondents seeking inter alia an order of injunction to restrain the 2nd and 3rd respondents from interfering with shares of Naivas Limited (the 1st respondent herein). Subsequent thereafter, the appellant filed 3 different applications dated 31stOctober 2013, 11th December 2014 and 13th May 2016 respectively, seeking inter alia the following orders:

“an order for injunction to restrain the 2nd and 3rd respondent from interfering with Naivas Limited shares until the hearing and determination of the petition, an order for temporary injunction to restrain the 2nd and 3rd respondents from…

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