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Joseph Kinoru Kahonge v. Barclays Bank of Kenya Ltd & Batian Dairy Products Ltd

(2001) JELR 100684 (CA)

Court of Appeal  •  Civil Application Nai. 18 of 2000(11/2001 UR)  •  16 Feb 2001  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Effie Owuor, Richard Otieno Kwach

Judgement

RULING OF THE COURT

Joseph Kinoru Kahonge, the applicant, as the plaintiff in Nairobi High Court Civil Case No.3 of 2001, unsuccessfully applied for a temporary injunction in that suit under Order 39 rules 1 and 2 of the Civil Procedure Rules, against Barclays Bank of Kenya Ltd, the Ist respondent, to restrain it by itself, its servants or agents from selling or offering for sale Land Parcel No. LR.No.36/11/1031 pending final determination of the suit. He was aggrieved and promptly filed a Notice of Appeal declaring his intention of appealing against the refusal.He has herein taken out a motion under rule 5(2)(b) of the Court of Appeal Rules, as he is perfectly entitled to do, seeking the same relief, pending the hearing and determination of an intended appeal against the refusal by the superior court to grant him the injunction as aforesaid.

In an application under rule 5(2)(b) aforesaid, for an applicant to succeed he is principally obliged to show, firstly, that his appeal or intendeā€¦

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