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Commercial Bank of Africa v. Wardpa Holdings Limited, Co-operative Bank of Kenya Limited, Leakey's Auctioneers, Chief Land Registrar, Patrick Kangethe Njuguna, Equity Bank Limited, Kinjunje Gardens Limited & Margaret Wambui Kang'ethe

(2019) JELR 103121 (CA)

Court of Appeal  •  Civil Appeal 244 of 2018  •  22 Nov 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, James Otieno Odek, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal from the Ruling of the Environment and Land Court (ELC) at Nairobi (S. Okong’o, J) which dismissed the appellant’s and 6th respondent’s respective applications for interlocutory injunction against the 2nd respondent and others. The impugned ruling dated 19th December, 2017 was in respect of two applications. The first application was dated 3rd August, 2016. It was filed by Equity Bank Limited (Equity Bank) in Nairobi Civil Suit No. ELC Case No. 941 of 2016. The second application dated 4th August, 2016 was filed by Commercial Bank of Africa Limited (CBA) in Nairobi Civil Case No ELC No. 947 of 2016. By an order dated 11th October, 2016, the two suits were consolidated by consent of the parties. On 28th November, 2016, the ELC ordered that the two applications be heard together by way of written submissions.

[2] The chronology of events which preceded the suits and the applications is briefly stated below:

(i) By a letter dated 10th May, 2010, t…

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