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Juja Coffee Exporters Ltd & 2 others v. Bank of Africa Ltd & 2 others

(2019) JELR 100488 (CA)

Court of Appeal  •  Civil Application 48 of 2018  •  7 Mar 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

By their motion dated 11th April, 2018 and brought under Rule 5(2)(b) of the Rules of this Court, the three applicants Juja Coffee Exporters Limited, TSS Transporters Limited and TSS Investment Limited seek, in the main, orders as against Bank of Africa Limited (the Bank) which is the 1st respondent, that;

“3. There be a temporary injunction, pending the lodging, filing, hearing and determination of the intend appeal, restraining the 1st respondent, its servants, agents or employees from further advertising for sale, selling by public auction or private treaty, leasing or in any other way disposing all those parcels of land known as;

(a) Plot N. 44 section XXI Mombasa Island registered in the name of the 2nd applicant

(b) Plot 147 section XXI Mombasa Island;

(c) Plot No. 1654 section XXI Mombasa Island;

(d) Plot No. 526 and 527 section XXI Mombasa Island;

(e) Plot No. 5866 section XXI Mombasa Island;

(f) Title No. Mombasa/Block XXVI/381; (b) to (f) all registered in the na…

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