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Abdul Kader Abdul Khaliq Said, Hassan Hussein Ajeb, Rita Cheptarus, James Mwangi & Eldoret Drycleaners Limited v. National Bank of Kenya Limited

(2006) JELR 106855 (CA)

Court of Appeal  •  Civil Appli 45 of 2006  •  16 Jun 2006  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, William Shirley Deverell

Judgement

RULING OF THE COURT

The notice of motion before the Court is one under Rule 5(2) (b) of the Court of Appeal Rules, and it seeks one basic order, excepting that for costs, namely,

“THAT the Respondent through itself, employees, servants and/or agents and/or any other person acting on its behalf be restrained by injunction from advertising, selling, transferring, alienating, and/or disposing off (sic) in any other manner Title Number Eldoret Municipality/Block 3/32 pending the lodging, hearing and determination of the intended Appeal by the Applicants against the decision in HCCC No. 42 of 2005 (Milimani) given on 17th June, 2005”.

The “Applicants” referred to in the above prayer are ABDUL KADER ABDUL KHALIQ SAID who sued as the personal representative of the estate of ABDUL SAID, the 1st Applicant, HASSAN HUSSEIN AJEB, the 2nd Applicant, RITA CHEPTARUS representing the estate of REGINALD SITIENEI, the 3rd Applicant, JAMES MWANGI, the 4th Applicant and ELDORET DRYCLEANERS LTD, the 5th Appl…

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