Ntiapuyok & another v Puffins Investment Limited & 2 others (Environment and Land Case Civil Suit 203 & 222 of 2017 (Consolidated)) [2025] KEELC 5204 (KLR) (10 July 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5204
- Citation
- [2025] KEELC 5204 (KLR)
- Decided
- 10 July 2025
Summary at a glance
TypeCivil SuitPostureAppeal PendingCoramGicheru, MD MWANGI, Odunga, Visram
An order of injunction is granted in favour of the Applicants, restraining the Defendants from selling, transferring, or disposing of the suit property pending the hearing and determination of the appeal in the Court of Appeal.
Facts
The Plaintiffs are concerned about the sale of the suit property by the 1st Defendant, which they fear may render their appeal nugatory. They seek an injunction and stay of execution.
Issues
- Whether the orders sought by the Applicants should issue.
Reasoning
The court grants the injunction to preserve the subject matter in dispute and protect the rights of the appellants, considering the imminent risk of sale and the overriding objective of the Civil Procedure Act.
Outcome
Appeal Granted
Orders
- Order of injunction
Remedies
- Preservation of the suit property
Authorities cited
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