EDWARD NYINGI MUKUNDI V. TERRY WANJIRU KARIUKI & EQUITY BANK LIMITED

JUDGMENT OF THE COURT

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

A brief background to this appeal is that Terry Wanjiru Kariuki, (Terry) (the 1^st 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 1^st defendant and the 2^nd respondent herein), and Edward Nyingi Mukundi, (Edward) (the then 2^nd defendant and the appellant herein), seeking the following orders against the appellant and the Bank:

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i. An urgent temporary injunction do issue restraining the 1^st and 2^nd 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…