Customer Support

RUNDA WATER LTD & ANOTHER
V.
TIMOTHY JOHN NICKLIN & ANOTHER

(2018) JELR 96803 (CA)

Court of Appeal 11 May 2018 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Application 281 of 2017 (Ur 221/2017)
Judges:Roselyn Naliaka Nambuye, Daniel Kiio Musinga, Milton Stephen Asike Makhandia
Location:Nairobi
Other Citations:Runda Water Ltd & another v. Timothy John Nicklin & another [2018] eKLR

RULING OF THE COURT

By an application dated 6th December, 2017 the applicants moved this Court under rule 5(2) (b) of this Court’s Rules seeking an order of injunction to restrain the respondents from attaching their properties. The intended attachment followed a ruling dated 29th November, 2017 rendered by the High Court (Hon. Lady Justice L. Njuguna) dismissing their application for stay of execution of the orders issued by Mr. Orenge SRM in CMCC No. 3062 of 2014 in which the learned magistrate had allowed the respondents to attach the applicants’ properties for contempt of court following their brazen failure to honour the terms of his court order. The magistrate’s court had granted a permanent injunction restraining the applicants from blocking or barricading the respondents’ access to the property known as L.R No. 7785/35 through a public road known as Ruaka Road within Runda Estate in Nairobi. Further orders, in the nature of a mandatory injunction, were also issued in the respon…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.