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SAMUEL NJOROGE
V.
WANJE HOLDING LIMITED

(2018) JELR 93437 (CA)

Court of Appeal 20 Sep 2018 Kenya
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Case Details

Suit Number:Civil Appeal 6 of 2018
Judges:Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja
Location:Mombasa
Other Citations:Samuel Njoroge (suing on behalf of the Estate of the Late Geoffrey Gikaru Njoroge) v. Wanje Holding Limited [2018] eKLR

JUDGMENT OF THE COURT

1. This is an appeal challenging the exercise of the learned Judge’s (Yano, J.) discretion in declining to grant an interlocutory injunction sought by the appellant. As such, before we can interfere with the exercise of judicial discretion we ought to be satisfied that the learned Judge misdirected himself in some matter and as a result arrived at a wrong decision, or that it be manifest from the case as a whole that the learned Judge was clearly wrong in the exercise of his discretion and occasioned injustice. See this Court’s decision in Coffee Board of Kenya v. Thika Coffee Mills Limited and 2 Others [2014] eKLR .

2. The salient facts which gave rise to this appeal are that the appellant filed a suit in the Environment and Land Court (ELC) being E.L.C No. 307 of 2016 claiming that the sale and subsequent registration of Parcel no. MN/VI/2360 (suit premises) in favour of the respondent was null and void. He contended that the suit premises belonged to Geoffrey Gi…

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