Case Metadata |
|
| Case Number: | Civil Application 251 of 1997 |
|---|---|
| Parties: | Council for Human Ecology v Jimmy Mutinda |
| Date Delivered: | 30 Sep 1997 |
| Case Class: | Civil |
| Court: | Court of Appeal at Nairobi |
| Case Action: | Ruling |
| Judge(s): | Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha |
| Citation: | Council for Human Ecology v Jimmy Mutinda [1997] eKLR |
| Case History: | (Application for injunction pending an appeal from a Ruling of the High Court of Kenya at Nairobi (Justice Msagha -Mbogholi) dated 19th September, 1997 in H.C.C.C. NO. 2017 OF 1996) |
| Court Division: | Civil |
| County: | Nairobi |
| History Docket No: | H.C.C.C. 2017 of 1996 |
| History Judges: | Amraphael Mbogholi-Msagha |
| History County: | Nairobi |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: OMOLO, TUNOI & LAKHA, JJ.A.)
CIVIL APPLICATION NO. NAI. 251 OF 1997 (109/97UR)
BETWEEN
COUNCIL FOR HUMAN ECOLOGY..........................APPLICANT
AND
CAPTAIN JIMMY MUTINDA................................RESPONDENT
(Application for injunction pending an appeal from a Ruling of the
High Court of Kenya at Nairobi (Justice Msagha -Mbogholi)
dated 19th September, 1997
in
H.C.C.C. NO. 2017 OF 1996)
*******************
RULING OF THE COURT
This is an application for injunction seeking to restrain the respondent his servants and/or agents from damaging any of its property Title No. MAKUENI/MASONGALENI/177 (Known as the Plot No. 290 Masongaleni Settlement and restraining from entering into the said property pending the determination for the intended appeal.
Having heard counsel of both the parties, we are satisfied that the intended appeal is not frivolous as conceded by Mr. Sitima that unless the injunction is granted the intended appeal will be rendered nugatory.
In the result, the application for injunction is granted as prayed with costs of the application to abide the appeal.
Dated and delivered at Nairobi this 30th day of September, 1997.
R.S.C. OMOLO
............................
JUDGE OF APPEAL
P.K. TUNOI
............................
JUDGE OF APPEAL
A.A. LAKHA
............................
JUDGE OF APPEAL
I certify that this is a
true copy of the original.
DEPUTY REGISTRAR
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