Hassan Abdi Dagane & 1 other v Ibrahim Abdi Dagane & 1 other

Dagane & another v Dagane & another (Civil Appeal E004 of 2026) [2026] KEHC 3611 (KLR) (19 March 2026) (Ruling) Neutral citation: [2026] KEHC 3611 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT GARSEN CIVIL APPEAL E004 OF 2026 JN NJAGI, J MARCH 19, 2026 BETWEEN HASSAN ABDI DAGANE ................................................................. 1ST APPLICANT SAMALAND SMARTWORKS INVESTMENTS COMPANY LTD .... 2ND APPLICANT AND IBRAHIM ABDI DAGANE ........................................................... 1ST RESPONDENT MOHAMUD ABDI DAGANE ...................................................... 2ND RESPONDENT RULING 1. The Applicants have filed a Notice of Motion Application dated 20th March 2026 in which they are seeking for some interim orders pending inter partes hearing. The said orders will have the effect of releasing motor vehicles impounded on orders of the Magistrate’s Court and the opening of a hardware shop business closed on orders of the said court. The application was opposed by counsel for the Respondents. 2. Upon carefully considering the application, I find that the application is raising weighty issues. It is, in my view, not prudent to grant the interim orders at this stage before the application is fully canvassed by the parties. I therefore issue the following orders: 1. The Application is certified urgent. 2. The same will be canvassed by way of written submissions. 3. The Applicants to file and serve their submissions within 7 days from the date hereof. 4. The respondents to file and serve their submissions within 7 days upon service with the submissions of the Applicants. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3611/eng@2026-03-19 1

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