Judgment[2023] KEHC 26705
Case law
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Division and case type: CivilCivil Appeal
It was submitted that there is a dispute regarding ownership of the suit properties. That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction to restrain such acts.
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU HCCA NO. 72 OF 2004 A F ………………………………………………………… PLAINTIFF VERSUS H A …………………………………..…………..
Division and case type: CivilCivil Appeal
For the above reasons I allow this appeal, set aside the judgment and orders of the court below and order that the matter be re-tried by a magistrate with requisite monetary jurisdiction either in Nyeri or Nairobi. I entertain no doubts that the parties who have shown a keen interest in the disposal of the matter shall intimate to the deputy registrar of this Court where they next want to be heard.
Division and case type: CivilCivil Appeal
have the ex-parte judgment set aside and in consequence all subsequent orders including the order appealed against are nullified. The appeal must be allowed.” It follows therefore, that the exparte judgment of 29th of April, 1991 was entered against the 2nd defendant/respondent, Mwika in error.