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SAMUEL KIMUGE & 40 OTHERS AS PER THE ANNEXED LIST
V.
MUNICIPAL COUNCIL OF NAKURU

(2001) JELR 96002 (CA)

Court of Appeal 28 Sep 2001 Kenya
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Case Details

Suit Number:civil misc appl 70 of 01
Judges:Philip Kiptoo Tunoi, Effie Owuor, Moijo Matayia Ole Keiwua
Location:Nakuru
Other Citations:Samuel Kimuge & 40 others as per the Annexed List v. Municipal Council of Nakuru [2001] eKLR

RULING OF THE COURT

This is an application brought under rule 5 (2) (b) of the Rules of this Court. The applicants, original plaintiffs in H.C.C.C No. 152 of 2000 consist of forty one (41) individual butchers or livestock suppliers in Nakuru Town, while some of them are also members of Rift Valley Meat Suppliers Co-op. Society, the 41st plaintiff. The order they seek is for the Court to restrain the respondent, Municipal Council of Nakuru, its employees, agents, servants and or any other person purporting to be acting on its behalf from surveying or further allocating Nakuru/Municipality Block 15, the suit property, measuring about 4-6 acres pending the hearing and determination of an appeal they have already lodged (Appeal No. 14 of 2001) against the ruling of Rimita J. delivered on 11th October, 2000. In that ruling the learned Judge declined to grant an injunction and thereby opened the way for the respondent to proceed with the sub-division and alienation of the land upon which the…

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