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Cieni Plains Company Limited, Anthony Njoroge Wainaina & Irene Nyakinyua Njoroge v. Ecobank Kenya Limited

(2018) JELR 103171 (CA)

Court of Appeal  •  Civil Application 135 of 2017 (Ur 103/2017)  •  19 Jan 2018  •  Kenya

Coram
Philip Nyamu Waki, Patrick Omwenga Kiage, Kathurima M'inoti

Judgement

RULING OF THE COURT

1. The notice of motion dated 15th June, 2017 seeks one substantive order under Rule 5 (2) (b) of the rules of this Court, as follows:

"That this Honourable Court be pleased to grant an order of injunction restraining the Respondent whether by itself, its employees, servants, agents or auctioneers from advertising for sale, selling whether by public auction or private treaty, disposing or otherwise howsoever completing by conveyance or transfer of any sale concluded by auction or private treaty, leasing, letting, charging or otherwise interfering with the Applicants ownership or title to the parcel of land known as Land Reference Number LR No. Nyeri/Naromoru/1174, LR. No. 5118/22, IR 80731, L.R No. Gakawa/Githima Block 3/Mikumbune/148, L.R No. Gakawa/Githima Block 3/Mikumbune/149 and L.R. No. 36/111/63."

2. It was taken out by Cieni Plains Company Limited (Cieni Plains) and its two Directors after a similar application made before the High Court was dismissed by Ongut…

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