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NOVA INDUSTRIES LIMITED
V.
KABANSORA LIMITED

(2017) JELR 95524 (CA)

Court of Appeal 6 Jun 2017 Kenya
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Case Details

Suit Number:Civil Appeal 260 of 2015
Judges:Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Nova Industries Limited v. Kabansora Limited [2017] eKLR

JUDGMENT OF THE COURT

1. This is an appeal from the ruling and order of the Environment and Land Court at Nairobi (J. M. Mutungi, J) given on 10th September 2015 dismissing, with costs, the appellant’s application for interlocutory injunction.

2. In its suit commenced by a plaint that is pending hearing and determination before the Environment and Land Court, the appellant asserts that it has been in occupation, since 1980, of an Industrial Godown situated on the respondent’s property known as L.R. No. 209/4276 Nairobi under a tenancy agreement that runs to 31st December 2017. The appellant asserts in that suit that the respondent has, in breach of the tenancy, illegally and maliciously threatened to eject it from the property. It seeks relief by way of a permanent injunction to restrain the respondent from trespassing, evicting, dispossessing or interfering with its possession of the premises and for a declaration that the notice issued to the appellant by the respondent to vacate the …

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