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East African Development Bank v. Hyundai Motors Kenya Limited

(2006) JELR 105382 (CA)

Court of Appeal  •  Civil Appeal 194 of 2004  •  22 Sep 2006  •  Kenya

Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu



This is an appeal from the ruling of the superior court (Njagi, J.) delivered on the 11th November, 2003 in which the learned Judge granted an application for some injunctive orders in favour of Hyundai Motors Kenya Limited (the plaintiff in the superior court) against East African Development Bank Limited (the defendant in the superior court).

The dispute herein can be traced back to the High Court Civil Suit No. 503 of 2003 in which the plaintiff, Hyundai Motors Kenya Ltd., filed a plaint on 19th August, 2003 at the High Court of Kenya at Milimani. In that plaint the plaintiff sought judgment against the defendant, East African Development Bank Limited. As is usual with this type of litigation, the plaintiff filed a Chamber Summons application on the same day that the plaint was filed. The said Chamber Summons was brought under Order XXXIX Rules 1,2,3 and 9 of the Civil Procedure Rules, Section 3A of the Civil Procedure Act, Section 52 of the Indian Transfer of P…

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