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Mavoko Muundani Residents Association & 5 others v East Africa Portland Cement Plc & 5 others (Civil Application E146 of 2025) [2025] KECA 1459 (KLR) (30 July 2025) (Ruling)

[2025] KECA 1459 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
1459
Citation
[2025] KECA 1459 (KLR)
Decided
30 July 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from the Environment and Land CourtCoramP. O. KIAGE, W. KORIR, G. V. ODUNGA
Holding

The application fails and is dismissed with costs to the respondents.

Facts

The applicants are residents of land parcels in Machakos County, Kenya. They sought an injunction against the respondents to prevent eviction, demolition, or interference with their homes pending an appeal.

Issues

  1. Whether the applicants' appeal is arguable and has chances of success.
  2. Whether the learned judge misdirected herself in law, misapprehended the facts, or took/failed to take account of considerations which should have been considered in dismissing the application for injunction.

Reasoning

The court found that the applicants did not provide a specific arguable ground for their appeal and that the learned judge's exercise of discretion was not flawed.

Outcome

Application dismissed

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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