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SAMIYAN KAUR DEVINDER SINGH
V.
SPEEDWAY INVESTMENT LIMITED & ANOR.

(2014) JELR 96169 (CA)

Court of Appeal 20 Jun 2014 Kenya
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Case Details

Suit Number:Civil Application 41 of 2014 (Ur 31 of 2014)
Judges:Roselyn Naliaka Nambuye
Location:Nairobi
Other Citations:Samiyan Kaur Devinder Singh v. Speedway Investment Limited & another [2014] eKLR

RULING

1. The applicant moved to the High Court, Milimani Commercial and Admiralty Division and presented Civil Case No. 553 of 2010. On the plaint, she anchored an interim application brought under the then order XXXIX Rule 1 and 9 of the repealed Civil Procedure Rules, seeking preservatory orders for the preservation of the applicants quiet possession, use and ownership of apartment No. C.6 erected on LR.No.330/667, pending the hearing and determination of the interim application in the first instance, and the hearing and determination of the main suit in the second instance. Interim orders were granted exparte in the first instance.

2. That interim application was opposed by a replying affidavit and grounds of opposition of Eric Mungai of 14th September, 2010. Parties were then heard on the merits of the application. In a ruling delivered on the 5th day of December, 2013 E.K.O. Ogolla J dismissed the interim application. The applicant was aggrieved by that dismissal order and desired…

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