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(1994) JELR 103234 (CA)

Court of Appeal  •  Civil Appeal 50 of 1988  •  20 May 1994  •  Kenya

Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Mathew Guy Muli



Gicheru JA. In the case of Mayers and another v. Akira Ranch Ltd (No 2) [1972] EA 347, hereinafter referred to as the Mayers case, a consent judgment had been entered in certain proceedings in the High Court of Kenya at Nairobi pursuant to which Akira Ranch Ltd, hereinafter referred to as Akira, executed a chattels mortgage over 1,200 head of cattle in favour of Mayers and another. Subsequently, Akira and another sued the latter two in the same Court for a declaration that the chattels mortgage and the other instruments were void and unenforceable.

In a purported exercise of the powers conferred by the chattels mortgage, Mayers seized the cattle and removed them from the ranch. Akira and another then applied ex parte for a temporary injunction to prevent the sale of the cattle and to order their return to the ranch. That injunction was granted as prayed on 18th December, 1969 but as soon as Mayers and another became aware of it, they moved the Court to have it set aside with th…

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