Njaria & 15 others v Gatheca & another (Civil Appeal E788 of 2022) [2023] KECA 516 (KLR) (12 May 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 516
- Citation
- [2023] KECA 516 (KLR)
- Decided
- 12 May 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for an injunction pending appealCoramD. K. MUSINGA, K. M'INOTI, DR. K. I. LAIBUTA
Holding
Pending hearing and determination of the intended appeal, the respondents are restrained from evicting the 1st to 15th applicants from the suit property.
Facts
The respondents sued the applicants in the Senior Principal Magistrates' Court at Thika seeking eviction from the property known as LR No Ruiru/Ruiru East Block 2/124.
Issues
- Eviction of applicants from the property
- Pending appeal of the judgment and decree
Reasoning
The court granted an injunction pending the appeal to prevent eviction.
Outcome
Appeal granted
Orders
- Pending hearing and determination of the intended appeal, the respondents be and are hereby restrained from evicting the 1st to 15th applicants from the suit property
- The applicants do file and serve the record of appeal within forty-five (45) days from the date hereof
- The costs of the Motion do abide the outcome of the intended appeal
Remedies
- Injunction pending appeal
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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