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Jose Estates Ltd v. Muthumu Farm Ltd, Joseph Njogu Njuguna & National Bank of Kenya Limited

(2006) JELR 105432 (CA)

Court of Appeal  •  Civil Appeal 228 of 2000  •  14 Jul 2006  •  Kenya

Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji, William Shirley Deverell



This is an interlocutory appeal against the decision of the superior court (Jean Gacheche, Commissioner of Assize - as she then was) given on 21st June, 2000 in Nairobi High Court Civil Case No. 618 of 2000. In that decision the superior court granted Muthumu Farm Limited (1st respondent) and Joseph Njogu Njuguna (2nd respondent), as plaintiffs in the suit, a restraining injunction against Jose Estates Limited (the appellant), as 2nd defendant in the suit, and National Bank of Kenya Limited (3rd respondent ) as 1st defendant in the suit. The injunction granted was to restrain both the defendants from selling, disposing, transferring and or alienating property known as L.R. NO. 10551/3; and also from taking possession of and or in any way interfering with the plaintiffs’ possession and occupation of the property, pending the hearing and determination of the suit.

The aforesaid suit was commenced by plaint, on 5th April, 2000. There are detailed averments in that pla…

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