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Edward Nyingi Mukundi v. Terry Wanjiru Kariuki & Equity Bank Limited

(2020) JELR 102530 (CA)

Court of Appeal  •  Civil Appeal 32 of 2019  •  8 May 2020  •  Kenya

Hannah Magondi Okwengu, Daniel Kiio Musinga, Fatuma sichale



The appellant, Edward Nyingi Mukundi (Edward), filed the appeal herein against the judgment of Nzioka, J. delivered on 20th November, 2018.

A brief background to this appeal is that Terry Wanjiru Kariuki, (Terry) (the 1st respondent herein and the then plaintiff), filed a suit at the High Court of Kenya at Nairobi against Equity Bank Ltd (the Bank), (the then 1st defendant and the 2nd respondent herein), and Edward Nyingi Mukundi, (Edward) (the then 2nd defendant and the appellant herein), seeking the following orders against the appellant and the Bank:

i. An urgent temporary injunction do issue restraining the 1st and 2nd defendants, their agents, servants, employees and whosoever from interfering in any manner with the plaintiff’s possession and from forcefully evicting the plaintiff on the site of the suit premises known as Title No. Nairobi Block 91/213 pending the hearing and determination of this suit.

ii. General damages and aggravated damages.

iii. An order d…

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