J. M. MWAKIO V. KENYA COMMERCIAL BANK LTD

JUDGMENT OF THE COURT

This is an appeal from the order of the superior court (Pall, J. as he then was) given on 26th July, 1995, whereby he declined to grant the prayers sought by the appellant pursuant to his application by summons dated 14th March, 1994, which was dismissed with costs.

In the application the appellant prayed for orders, inter alia:-

"1.That the possession of L.R. NO. 8707/7 on 30/9/1992 on purported Civil Case 4699/89 was in violation of Court of Appeal injunction orders of 10/10/85 and 29/4/88 on this case.

2.That the sale documents were fraudulent.

3.That purported Civil Case 4699/89 was filed with intent to dodge the provisions of the above mentioned injunction orders and was contrary to Sections 43 and 44 of CAP 80.

4.That until the injunction orders of the Court of Appeal mentioned at (1) above were discharged any efforts to sell L.R. NO. 8707/7 were null and void.

5.That the secret sale of L.R. NO. 8707/7 on 15/10/1993 to Augustana Academy Company Ltd. by the Kenya C…