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Abdulkadir Shariff Abdirahim v. Ecobank Kenya Limited

(2015) JELR 105541 (CA)

Court of Appeal  •  Civil Application 228 of 2013  •  8 May 2015  •  Kenya

Roselyn Naliaka Nambuye, Wanjiru Karanja, William Ouko



Introduction and background.

The applicant Abdulkadir Shariff Abdirahim filed Nairobi High Court Milimani Commercial Division HCCC No.66 of 2012 (HCCC No. 115 of 2012), with the respondents Eco Bank Kenya Limited and Watts Enterprises Limited as the first and second defendants respectively. The plaint sought various reliefs. Simultaneously with the filing of the plaint the applicant filed a notice of motion seeking among others an injunctive relief to restrain the respondents from disposing of two properties namely LR. No.209/11067/7 and LR. No.209/11067/22 ( the suit property). The said notice of motion was supported by an affidavit deposed by the applicant. It was opposed by a replying affidavit deposed by Violet Monari on the 28th day of February, 2012. The merit disposal of that application resulted in the ruling of Musinga, J. (as he then was) of 20th day of April, 2012 dismissing the applicant’s application.

Thereafter the applicant sued the respondent alone in …

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