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…Following interpartes hearing of that injunction application interlocutory injunction was issued on 17th September 2003 pending the determination of this suit.…

…Once that injunction was granted the plaintiff took no action either in undertaking discovery or in setting down the suit for hearing.…

…He therefore stated that the applicant should prove its claim at the hearing of the petition and denied that the deceased’s estate was being wasted.…

…Whatever amount it is, that claim can only be established upon hearing viva voce evidence when the petition and the other pending applications will be listed for hearing.…

…restraining the Defendant/Respondent, by himself, his servants or agents from alienating, wasting and/or in any other way interfering with the Plaintiff’s quiet enjoyment of the Plot known as Ngong Township/1/41 pending the hearing…

…The validity or otherwise of the Applicant’s title is an issue for the main hearing and should not concern the Court at this stage.…

…In her considered Ruling, the learned Taxing Officer held as follows; "Item 16 - If hearing of application lasted one month (sic!) in High Court, it is shs.1,200/=. So I tax off shs.1050/=.…

…From the Bill of Costs, the applicant had indicated that the hearing of the application lasted an HOUR.…

…He further submits that the Plaintiff has filed his list of documents with copies of all the listed documents provided, which documents the Plaintiff will rely upon at the hearing.…