ABDUL KADER ABDUL KHALIQ SAID, HASSAN HUSSEIN AJEB, RITA CHEPTARUS, JAMES MWANGI & ELDORET DRYCLEANERS LIMITED V. NATIONAL BANK OF KENYA LIMITED

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 17^th 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 1^st Applicant, HASSAN HUSSEIN AJEB, the 2^nd Applicant, RITA CHEPTARUS representing the estate of REGINALD SITIENEI, the 3^rd Applicant, JAMES MWANGI, the 4^th Applicant and ELDORET DRYCLEANERS LTD, the 5^th Appl…