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Bhalvinder Pal Singh Pandhal v. Credit Bank Limited

(2011) JELR 105395 (CA)

Court of Appeal  •  Civil Application 267 of 2010  •  4 Mar 2011  •  Kenya

Emmanuel Okello O'Kubasu, John walter Onyango Otieno, Joseph Gregory Nyamu



The application before the Court dated 5th November 2010 has been brought under rule 5(2)(b) of this Court’s rules. It seeks an injunction order to restrain the respondent bank from seizing or repossessing the applicant’s chattels namely motor vehicles/tractors registration numbers of which have been given in the body of prayer (1) of the application. The injunction order has been sought pending the hearing and determination of an intended appeal against the ruling and order of the superior court (Justice Ali-Aroni) dated 15th October, 2010.

The superior court, after hearing an injunction application which had been brought by the applicant, granted the prayers for injunction as sought but on condition that the applicant would within 30 days deposit Kshs.25 million in an interest earning account in the joint names of counsel on record for the parties. It is not disputed that the applicant did not comply with the order. Instead he appealed against the ruling and now se…

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