Editorial Summary 1. 2. Court Vacation Civil case 3. Application for temporary injunction. 4. Subject of main suit 4.1 LAND LR 72/233 That construction be stopped pend hearing of Notice of Motion of 13th August2012 5. Held: Injunction to issue for 14 days. 6. Case Law: 7. Advocates : i) ii) J.K. Jakaiwa holding brief for C.B. Mwongela instructed by M/s C.B. Mwongela & Co Advocates for plaintiff T. Mugambi holding brief for Otieno Ombati instructed by M/s Ombati Otieno & Co Advocates for respondent PETER O. NGOGE T/A O.P. NGOGE & ASSOCIATES ……….....………..….… APPLICANT VERSUS AMMU INVESTMENT CO. LT ……..............………...........…..............… RESPONDENT/ CLIENT RULING I INTRODUCTION 1. The applicants 1 – 6 have filed suit seeking orders that an injunction do issue restraining the defendants from constructing on block 72/233 Ngei Phase II Estate Langata. 2. Upon hearing the parties on the issue as to whether a temporary injunction should issue or not. And upon giving the date of 29th August 2012 for interparte hearing. I hereby find that the injunctive order do issue against the defendants from further constructing for 14 days under Order 40 r 4(2) Civil Procedure Rules and upon the interparte hearing of this matter. 3. The costs be in the cause.
page 1 of 2
DATED THIS 17TH DAY OF AUGUST 2012 AT NAIROBI M.A. ANG’AWA JUDGE Advocates: i) J.K. Jakaiwa holding brief for C.B. Mwongela instructed by M/s C.B. Mwongela & Co Advocates for plaintiff ii) T. Mugambi holding brief for Otieno Ombati instructed by M/s Ombati Otieno & Co Advocates for respondent
page 2 of 2