Mbiuki & 4 others v Mwaniki & another (Civil Application 152 of 2018) [2025] KECA 1516 (KLR) (19 September 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1516
- Citation
- [2025] KECA 1516 (KLR)
- Decided
- 19 September 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from a judgment of the Environment and Land CourtCoramW. KARANJA, JAMILA MOHAMMED, L. KIMARU
Holding
The Court granted an order of injunction restraining the respondents and their agents from entering, occupying or dealing with the suit property pending the hearing and determination of the appeal.
Facts
The applicants claim to have been in occupation of the suit property since 1992 and intend to appeal a judgment that evicted them from the property in 2019.
Issues
- Whether the applicants are entitled to an injunction or inhibition pending the appeal
- Whether the intended appeal is arguable and will be rendered nugatory if the orders are not granted
Reasoning
The Court found that the applicants have a valid claim to the property and that their appeal is arguable, thus granting the injunction.
Outcome
Appeal granted
Orders
- Order of injunction
Remedies
- Injunction
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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