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Dubai Bank Kenya Limited v. Kwanza Estates Limited

(2015) JELR 102634 (CA)

Court of Appeal  •  Civil Appeal 37 of 2014  •  12 Mar 2015  •  Kenya

Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale



The genesis of this case is through a plaint filed by Kwanza Estates Ltd (hereinafter referred to as the respondent) as against Dubai Bank Kenya Ltd (hereinafter referred to as the appellant) on the 25th April, 2013. The respondent, then the plaintiff, had prayed for the following orders:-

a) A permanent injunction restraining the defendant, its servants, employees and/or agents from advertising for sale, selling, entering into, accessing, alienating, transferring, interfering with and/or in any manner whatsoever altering or dealing with the Plaintiff’s properties known as Title Nos. CR Nos. 11589, 11590, 11732, 11609, 11610, 12531, 12668, 11739, 11740, 11741 and 13086 (also known as Portions Nos. 28, 32, 33, 34, 36, 49, 52, 53, 54, 55 and 64) Watamu, Kilifi District.”

b) A permanent injunction to restrain the defendant, its servants, employees and/or agents from taking any action whatsoever and exercising and/or invoking any of its rights under the Charge dated 11t…

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