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RODGERS CHIRIBA NYAMBU & ANOTHER
V.
GEORGE MADEMU MUNGA & 3 OTHERS

(2018) JELR 95326 (CA)

Court of Appeal 27 Jun 2018 Kenya
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Case Details

Suit Number:Civil Appeal 65 of 2017
Judges:Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja
Location:Malindi
Other Citations:Rodgers Chiriba Nyambu & another v. George Mademu Munga & 3 others [2018] eKLR

JUDGMENT OF THE COURT

[1] This is an interlocutory appeal against an interim order of injunction that was issued on 16th September, 2016 by Angote J. By the said order, the 1st and 2nd appellants were restrained either by themselves, their agents, servants or representatives from trespassing onto, cultivating, or in any other way interfering with plot No 125 Vinagonei (suit property) pending the hearing and determination of the suit. We do not know whether the suit has been heard and determined, be that as it may, the appellants have challenged the order of injunction as they contend in the memorandum of appeal that the learned Judge determined issues of ownership of suit property to finality, through affidavit evidence and written submissions. Further the appellants state that the Judge failed to consider there were previous suits and proceedings before the Land Adjudication tribunals and for failing to appreciate that the appellants were not the persons who were cultivating the land.

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