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Floriculture International Limited v. Central Kenya Limited, Trust Bank Limited, Trust Finance Limited & First National Finance Limited

(1995) JELR 104896 (CA)

Court of Appeal  •  Civil Appeal 121 of 1995  •  11 Dec 1995  •  Kenya

Johnson Evan Gicheru, Abdulrasul Ahmed Lakha, Richard Otieno Kwach



This is an appeal with leave of the superior Court from its Ruling and order (Hayanga, J.) given on July 7, 1995 whereby he granted leave to amend the Originating Summons, ordered consolidation of three pending interlocutory applications and made Floriculture International Ltd (the appellant) and First National Finance Ltd (the fourth respondent) third and fourth defendants respectively in the suit before him.

The proceedings to which this appeal relates commenced by way of an Originating Summons dated April 26, 1994 in which the plaintiff (the first respondent) sought, inter alia, to have two charges dated June 4, 1993 and June 17, 1993 on Land Reference No. 7705/2 Thika Municipality (the property) in favour of the second and third respondents respectively declared invalid; cancellation by the Registrar of Title of the said two charges, delivery forthwith of the original title; and general damages to be assessed by the Court for irregularly causing the registratio…

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