CENTRAL BANK OF KENYA & ANOTHER V. UHURU HIGHWAY DEVELOPMENT LTD & 4 OTHERS
(2000) JELR 104198 (CA)
Court of Appeal
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Civil Appeal 91 of 1999
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24 Aug 2000
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Kenya
Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha
Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>This is an interlocutory appeal by the first two unsuccessful defendants from a decision of the superior court (Oguk J) given on 21st April 1999 whereby the learned judge made some fourteen orders dealing with matters pertaining to and connected with the receivership of the property LR No 209/9514 (the suit property) and issued two injunctive reliefs in the following terms:</p><p>(a) “The Central Bank of Kenya be and is hereby restrained whether by itself, its servants, agents or otherwise howsoever from entering, remaining in, save as customers managing or in any other manner whatsoever whether by Joseph Kittony or any other purported receiver, from interfering with the management of the Grand Regency Hotel by the said court appointed receiver, until the determination of this suit”;</p><p>(b) “The Central Bank of Kenya by itself, its officers, servants, auctioneers or otherwise, howsoever be and is hereby restrained from selling, auctioning or otherwise howsoever dealing with …</p>