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George Gitau Wainaina v. Kenya Commercial Bank Limited, Ephraim Wambui Miano & A M Macharia

(2015) JELR 105224 (CA)

Court of Appeal  •  Civil Appeal 62 of 2010  •  13 Nov 2015  •  Kenya

Coram
Festus Azangalala, Jamila Mohammed, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

The appellant, Dr. George Gitau Wainaina, as plaintiff, filed Machakos HCCC No. 113 of 2009 where various reliefs were sought among this was that a statutory notice of sale issued by the 1st respondent, Kenya Commercial Bank Limited be declared null and void; that a permanent injunction be issued restraining the three respondents from dealing with a parcel of land known as L.R. No. Kajiado/Kaputiei/4302 (the correct description is Kajiado/Kaputiei North/4302); declaration that the appellant was the bonafide purchaser of the suit land and any other orders of the Court to meet the ends of justice.

Contemporaneous with the suit was an application by Chamber Summons filed under a Certificate of Urgency where more or less similar orders were sought.

What emerges from the Plaint, the application and the affidavits makes the suit filed before the High Court peculiar. We say this although the suit itself has not been heard but because of the nature of reliefs sought and theā€¦

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