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NJURURI ANGELO NYAGA
V.
DOROTHY WERIMBA KARIUKI & 2 OTHERS

(2014) JELR 94667 (CA)

Court of Appeal 25 Nov 2014 Kenya
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Case Details

Suit Number:Civil Appeal 31 of 2014
Judges:Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek
Location:Nyeri
Other Citations:Njururi Angelo Nyaga v. Dorothy Werimba Kariuki & 2 others [2014] eKLR

JUDGMENT OF THE COURT

This is an appeal from an interlocutory order of injunction issued on 25th February, 2014 in ELC case No. 777 of 2013 by Olao, J. Dorothy Werimba Kaiurki and Jane Gitiri Njue, the 1st and 2nd respondents sued Peter Mbogo and Njururi Angelo Nyaga, the 1st and 2nd appellants respectively. They were seeking inter alia for a declaratory order that the sale and transfer of land parcel No. Ngandori/Kiriari/4329 (suit land) by the 1st appellant to the 2nd appellant was null and void. The aforesaid suit was contemporaneously filed with a notice of motion seeking for injunctive orders to restrain the defendant (now appellant) from entering, evicting, selling or transferring the suit land until the suit was heard and determined.

The aforesaid application was somewhat allowed vide the ruling of 25th February 2014, thereby provoking the instant appeal. In that ruling the following orders were made;-

1. Neither of the parties to this suit shall sell, transfer or in any way inter…

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