MARGROVE INVESTMENTS LIMITED v ATTORNEY GENERAL & NATIONAL WATER CONSERVATION & PIPELINE CORPORATION [2009] KEHC 1655 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA

Civil Case 103 of 2009

MARGROVE INVESTMENTS LIMITED ... PLAINTIFF

VERSUS

1.          ATTORNEY GENERAL

2.          NATIONAL WATER CONSERVATION &

PIPELINE CORPORATION .................DEFENDANTS

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RULING

Before court is the Applicants chamber summons dated 7th April 2009 seeking interlocutory mandatory orders in respect of LR NO. MN/VI/3615 (hereinafter referred to as the suit property).  I have carefully considered submissions both for and in opposition to this present application.  I have also carefully read the annexed affidavits.  It is my considered opinion that the interests of justice would be best served by maintaining the status quo pending the full hearing and determination of this suit.  As such I do hereby partially grant the prayers in this present application and order as follows:-

(1)   THAT the 2nd Defendant whether by itself and/or its agents and/or servants and/or employees and/or any person claiming under the 2nd Defendant in any manner whatsoever and howsoever be restrained from alienating, transferring charging, leasing and/or sub-dividing in any way whatsoever all that parcel of land known as LR NO. MN/VI/3615 together with all buildings and developments thereon until the hearing and final determination of this suit.

(2)   Costs in the cause.

Dated and delivered at Mombasa this 6th day of August 2009.

M. ODERO

JUDGE

Read in open court in the presence of:

Mrs. Kawere for Plaintiff/Applicant

Ms. Ngugi for 2nd Defendant/Respondent

No appearance for Attorney General

M. ODERO

JUDGE

6. 8.2009