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Co-operative Bank of Kenya Limited v. Patrick Kangethe Njuguna, Edward Njuguna Kangethe, George James Kangethe, Nguru Auctioneers, Leakey Auctioneers & Joserick Merchants Auc

(2017) JELR 103139 (CA)

Court of Appeal  •  Civil Appeal 83 of 2016  •  12 Oct 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. The 1st 2nd and 3rd respondents (the Kang’ethes), were Plaintiffs in Mombasa High Court Civil Cases Nos. 50 and 54 of 2016; where they sought declaratory as well as injunctive orders against the appellant and the rest of the respondents in respect of land described as LR 209/136/44, Dagoretti/Riruta/2289 and LR 209/2489/31 (the suit land). Contemporaneously with the Plaint in HCCC 50 of 2016, they also filed a motion on notice dated 27th May, 2016 seeking temporary injunctive relief on the following terms:

a. .......spent.

b. ....... spent.

c. .......spent.

d. That pending the hearing and determination of this suit, a temporary injunction do issue to restrain the 2nd and 3rd defendants from placing advertisements in any of the local dailies over the sale by public auction or otherwise of properties LR No. 209/136/44 and title No. Dagoretti/ Riruta/ 2289 and from offering them for sale or selling them by public auction or otherwise.

e. That pending the hearing and de…

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