JAMES NYAKUNDI NDEGE V. BARCLAYS BANK OF KENYA

JUDGMENT OF THE COURT

By a plaint dated 4^th March, 2009 and filed in the superior court on 5^th March, 2009, the appellant (plaintiff in the superior court) claimed that he was the lawful holder of certain accounts that he had opened with the respondent bank and sought, among other things, a “permanent order of injunction” restraining the respondent from interfering with his operation of the said accounts, and a mandatory order compelling the respondent to release funds held in those accounts. Contemporaneously with the filing of the plaint, the appellant filed an application by way of chamber summons seeking the following three orders:

“(b) A temporary injunction do issue restraining the Defendant by itself, its servants, agents and/or assigns from interfering with the Plaintiff’s operation and access to his Bank Accounts held at the Defendant Bank, to wit;

(a) A/c No. 3691204(b) A/c No. 2601611(c) A/c No. 0942506422(d) A/c No. 0084100358 pending the inter partes hearing and determinati…