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TARABANA COMPANY LTD
V.
HARCHARAN SINGH SEHMI & 7 OTHERS

(2020) JELR 95526 (CA)

Court of Appeal 6 Mar 2020 Kenya
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Case Details

Suit Number:Civil Application 282 of 2019
Judges:Martha Karambu Koome, Sankale ole Kantai, Fatuma sichale
Location:Nairobi
Other Citations:Tarabana Company Ltd v. Harcharan Singh Sehmi & 7 others [2020] eKLR

RULING OF THE COURT

[1] The motion before us is brought by Tarabana Company Ltd (applicant). It principally seeks an order of stay of execution of the judgment and orders of Bor, J. issued on 22nd July, 2019 in ELC Case No 1311 of 2014 pending the hearing and determination of the intended appeal. The following orders are the ones the applicant wishes to appeal against: -

1) The court finds that the plaintiffs have proved their claim to the suit property on a balance of probabilities and grants an order of injunction restraining the 1st and 2nd defendants by themselves, their servants, agents, tenants or other persons claiming from them, from occupying, entering, charging, alienating or in any manner dealing with LR. No 209/2759/9 (I.R No 6477).

2) The proprietorship section of the land register for L.R. No. 209/2759/9 (I.R No. 6477) is to be changed from the 2nd defendant to reflect the plaintiffs as the lessees of this land upon payment by the plaintiffs of the requisite registration an…

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