Case law
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Division and case type: CriminalCriminal 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: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Criminal Appeal 44 & 45 of 2004 BENJAMINE NJOROGE KIMANI…………1ST APPELLANT BENSON ORWA MIDILA..…………………2ND APPELLANT VERSUS REPUBLIC………………………………..…….RESPONDENT (From original conviction and sentence in Criminal Case No.1451 of 2003 of the Senior resident Magistrate’s Court at R. Kirui, SRM) JUDGMENT OF THE COURT The appellants were charged with the offence of robbery with violence contrary to Section 296(2) of the Penal Code.