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SOPHINAH KALONDU MBITI
V.
ARUN MAHENDRA ADALJA & 3 OTHERS

(2019) JELR 94387 (CA)

Court of Appeal 24 May 2019 Kenya
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Case Details

Suit Number:Civil Appeal 52 of 2018
Judges:Martha Karambu Koome, Sankale ole Kantai, Patrick Omwenga Kiage
Location:Nairobi
Other Citations:Sophinah Kalondu Mbiti v. Arun Mahendra Adalja & 3 others [2019] eKLR

JUDGMENT OF THE COURT

[1] This is an appeal against interim orders of injunction issued by the High Court to preserve the status quo regarding some 4 properties and an independent manager was appointed to collect the rent until the hearing and determination of the suit. The main suit which was countered with a defence and counter-claim by each of the respondents is far from trial. In the course of hearing this appeal, we were told that Probate proceedings were filed in the Family Division. Thus, in dealing with the instant appeal, we have to be mindful that the contested issues have not been determined and limit ourselves to the narrow issues of whether the learned trial Judge in making the interim orders properly exercised his discretion.

[2] The genesis of the dispute is the aftermath of the death of Dr Mahendra Krishnalal Adalja (hereinafter referred to as “the deceased” who died on 14th January, 2016. It appears the identity of properties constituting the estate of the deceased and …

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