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PASTUER DUKUZUMUREMYI
V.
ANTHONY MILIMU LUBULELLAH T/A LUBULELLAH & ASSOCIATES ADVOCATES

(2014) JELR 94609 (CA)

Court of Appeal 6 Jun 2014 Kenya
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Case Details

Suit Number:Civil Application Nai 325 of 2013 (Ur 239/2013)
Judges:Philip Nyamu Waki, Jamila Mohammed, Kathurima M'inoti
Location:Nairobi
Other Citations:Pastuer Dukuzumuremyi v. Anthony Milimu Lubulellah t/a Lubulellah & Associates Advocates [2014] eKLR

RULING OF THE COURT

The Motion on Notice before us, dated 2nd December, 2013, is taken out principally under Rule 5(2) (b) of the Rules of this Court and prays, on the main, for an order of injunction to restrain the respondents from selling, assigning, transferring, charging, demolishing (sic) or otherwise interfering with LR No 1/1151 (Original Number 1/58/2/7) (“the suit property”) pending the hearing and determination of an intended appeal. The application also craves stay of further proceedings in High Court Miscellaneous Civil Application No. 949 of 2007, from which the intended appeal to this Court arises.

The background to the application is an advocate-client relationship gone sour, resulting in the advocate attaching and selling the client’s property to recover his fees. Sometimes in 2005, the 1st respondent, Anthony Lubulellah t/a Lubulellah and Associates Advocates, acted for the applicant, Pasteur Dukuzumuremyi, in Nairobi High Court Civil Suit No. 230 of 2005. After the ap…

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