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Al Jalal Enterprises Limited v. Nic Bank Limited & Chege Waiganjo

(2010) JELR 105538 (CA)

Court of Appeal  •  Civil Application 13 of 2010  •  30 Apr 2010  •  Kenya

Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji



The applicant, AL JALAL ENTERPRISES LTD., brings this application under rule 5(2)(b) of this Court’s Rules seeking one main relief, viz:-

“1. THAT this Honourable Court be pleased to grant an injunction restraining the unlawfully appointed Receivers so appointed on 24th November, 2009 whether by themselves or through their servants or any of them from moving in, taking over control managing or attempting to manage and/or taking charge over the affairs of the Applicant Company or in any other matter (sic) interfering with the Applicants’ land properties, machinery, equipments and assets.”

There is also the usual prayer for costs of the application.

A brief background to this application is that on 24th November, 2009, the then advocates of the applicant (plaintiff in the superior court), Messrs Gichuki Kingara and Company advocates presented to the superior court a consent dated 19th November, 2009 duly executed by the said firm of advocates on behalf of the plaintiff (…

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