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VIVO ENERGY KENYA LIMITED
V.
MALOBA PETROL STATION LIMITED & 3 OTHERS

(2014) JELR 93427 (CA)

Court of Appeal 18 Dec 2014 Kenya
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Case Details

Suit Number:Civil Appeal 21 of 2014
Judges:Erastus Mwaniki Githinji, William Ouko, Kathurima M'inoti
Location:Nairobi
Other Citations:Vivo Energy Kenya Limited v. Maloba Petrol Station Limited & 3 others [2015] eKLR

JUDGEMENT OF THE COURT

This is an interlocutory appeal from the ruling and order of the High Court of Kenya at Kakamega (Chitembwe, J.) dated 11th April 2014. For clarity and ease of reference we shall refer to the parties in the appeal as follows: the appellant, Vivo Energy Kenya Limited, shall be referred to as Vivo; the 1st respondent, Maloba Petrol Station Limited, as Maloba Station; the 2nd Respondent, Total Kenya Ltd, as Total; the 3rd respondent, Bukhungu Petroleum Ltd, as Bukhungu; and the 4th respondent Timothy Asomba Maloba, as Mr. Maloba.

By the said ruling the learned judge granted an injunction restraining Vivo, Maloba Station and Mr. Maloba from interfering with Total’s possession and operations on LR No. Kakamega Municipality/Block 1/548 (the suit property) until the hearing and determination of Kakamega High Court Land and Environment Case No. 345 of 2013. Aggrieved by the ruling, Vivo lodged a notice of appeal the same day the ruling was delivered and followed it up by …

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